Academic article on Prosecution in bad faith under the Criminal Procedure
Code, section 161/1, paragraph two, and the limitation of the right to prosecute aims
to study the concept legal principles concerning the limitation on the right to
prosecute. both domestically and internationally in order to analyze the suitability of
applying this law in Thailand, this article uses method by documentary research. The
Criminal Procedure Code Amendment Act No. 34 Section 161/1 second paragraph
intent of the drafting limit the legally injured person’s right to prosecute a criminal
cause in bad faith if the plaintiffs will flu disobedience of the court order or judgment
in other criminal case. When studying such provisions by comparing with the principles
of international law and the principles of foreign law found it was found that This
principle of law contradicts the concept of human rights that criminal plaintiffs must
receive assistance from the state to access the justice process. Contrary to the principle
of limiting the right to file a lawsuit in bad faith set by civilized countries. As such, in
order for the provisions in the criminal procedure law to be accepted by various
civilized countries, this article presents the legal issues and effects on prosecution in
bad faith under the Criminal Procedure Code, section 161/1, paragraph two. with
restrictions on the right to prosecute