The Development of Victim Remedies in Criminal Cases

Abstract

This study aims to 1) study the problems, concepts and theories related to the extent of damages and compensation for victims in criminal cases, 2) study laws related to the development of compensation for victims in criminal cases in foreign countries and in Thailand, and 3) propose guidelines for developing the extent of damages and compensation for victims in criminal cases. This is a qualitative study conducted by studying and researching information from books, textbooks, academic articles, and research works. The data were analyzed and synthesized using a descriptive method in order to develop guidelines for victim compensation in criminal cases.

          The results of the study show that 1) although Thailand has had the Act on Compensation of Victims and Compensation and Expenses for Defendants in Criminal Cases B.E. 2544 (2001) and Amendments (No. 2) B.E. 2559 (2016) and the Ministerial Regulation on Criteria, Methods and Rates for Payment of Compensation B.E. 2546 (2003) as a legal mechanism for compensating victims, in practice, it was found that it still could not effectively and fairly respond to the needs of victims. This is because Thailand's form of compensation still has its limitations. One of the major problems is the problem of the scope of the compensation and the delay in the trial process, which is caused by the complexity of the procedures for proving rights, ineffective coordination between agencies, and personnel limitations. 2) The law related to the development of compensation for victims in criminal cases in Thailand is the Act on Compensation of Victims and Compensation and Expenses for Defendants in Criminal Cases B.E. 2544 (2001). In terms of compensation for victims, it does not cover the needs in terms of the scope and delays of the justice process. Unlike the law in the United States, the United States has enacted the Victims of Crime Act of 1984 (VOCA) which is effective in providing assistance and compensation to victims of criminal cases systematically and comprehensively in all aspects.

Guidelines for developing the scope of compensation for victims of criminal cases. The researcher has recommendations for reforming the compensation system for victims in both the legal and judicial processes, which will be beneficial to the development of an efficient criminal justice process in Thailand in accordance with international principles, as follows: (1) The scope of compensation should be expanded to cover the mental aspect by adjusting the compensation rate ceiling to cover all aspects. (2) A compensation fund should be established using fines and confiscated assets from those committing crimes based on the guidelines in the Victims of Crime Act of 1984 (VOCA) of the United States. Fines and money collected from offenders' confiscated assets should be used as a source of income for the compensation fund specifically. Thailand can apply this concept by establishing a “Victim Compensation Fund” with a permanent source of income. (3) Victims’ rights in the justice process should be acknowledged as done in the United States of America, where “victims’ rights” are clearly recognized.