Remedies for Victim Remedies for Victim of Crime of Crime

in Thailandin Thailand

กรมคุ้��มคุ้รองสิทธิและเสิร�ภาพ กระทรวงยุ�ติธิรรม

Pol.Col. Naras Pol.Col. Naras Savestanan, Ph.D.Savestanan, Ph.D.

Director General of Director General of Rights and Liberty Rights and Liberty

Protection DepartmentProtection Department

Rights and Liberty Protection Department , Ministry of Justice

The Compensation and Expenses for

Injured Person and the Accused Act B.E. 2544 (2001)

The Objective of this The Objective of this act isact is

providing remedies to providing remedies to 1.1. Injured person Injured person2.2. Accused person Accused person

Qualification of injured person who is eligible Qualification of injured person who is eligible for for

the compensation according to this actthe compensation according to this act

1. Being a person who physically or mentally injured

2. Criminal offences committed by other person

3. The injured person does not involve in such offences.

4. Being the offences on the list annexed to this Act (section 17)

THE LIST ANNEXED TO THE LIST ANNEXED TO THE COMPENSATION THE COMPENSATION AND EXPENSES FOR AND EXPENSES FOR

INJURED PERSON AND INJURED PERSON AND THE ACCUSED ACT THE ACCUSED ACT B.E. 2544 (2001)B.E. 2544 (2001)

The list annexed to The list annexed to The Compensation and Expenses for Injured The Compensation and Expenses for Injured

Person and the Accused Act Person and the Accused Act B.E. 2544 (2001)B.E. 2544 (2001)

Title 9 Sexual offences Section - 276 287

Title 10 Offences against life and body

Chapter 1 Offences causing death (Section - 288

294

Chapter 2 Offences against body (Section - 295

3 0 0 )

Chapter 3 Offences of abortion (Section - 301 3

05) Chapter 4 Offences of abandonment of

children, sick persons and elderly persons (Section - 306 308)

Qualification of accused who is eligible for Qualification of accused who is eligible for the reparation and expenses according to this the reparation and expenses according to this

actact

1. Being the accused prosecuted by the public prosecutor

2. Being kept in custody during the judicial proceedings

3.The evidence clearly show that the accused does not commit a

crime and the case is withdrawn during the judicial proceedings, or a final judgment of the case proves that the accused does not commit a crime or the acts of the accused

is not a criminal offence.

Implementation on Implementation on partnership partnership

integration policy integration policy with the Royal Thai with the Royal Thai

Police to remedy the Police to remedy the injured person in injured person in

criminal casecriminal case

กรมคุ้��มคุ้รองสิทธิและเสิร�ภาพ กระทรวงยุ�ติธิรรม

BACKGROUND AND

PROBLEMS

Background and problemsBackground and problems 1( )1( )     

From the statistic during the year 2007-2012, there were only 18.44 % of the victims applying for state compensation (See the below table for the comparison between police statistic and RLPD statistic)

Fiscal year

Police statistics RLPD statistics Comparison between the police statistics and RLPD statistics

Case takings Numbers of applicants

Ratio of applicants and case taking

2007

2008

2009

2010

2011

2012

Background and problemsBackground and problems 2( )2( )

From a view....“when there is a crime and people

become an injured person in criminal case, if the department is capable of

informing the right of the injured person since the beginning at a police

station whereby the judicial process commences, every injured

person in criminal case will be accessible to the state remedy in

accordance with the objective of the Act”

The 1The 1stst stage (fiscal stage (fiscal year of 2013) year of 2013)

Co-operated with the Royal Thai Police(RTP) in order to assign

investigation officers, nation-wide, to inform the injured persons about

their rights to receive state compensation as stipulated in the Compensation and expenses for

Injured Person and the Accused Act B.E. 2544(2001). Investigation officer shall inform their rights and take note of the case description into the right to state compensation notification

form

กรมคุ้��มคุ้รองสิทธิและเสิร�ภาพ กระทรวงยุ�ติธิรรม

The 2The 2ndnd stage (fiscal stage (fiscal year of 2014)year of 2014)

Established 45 service points at Provincial Police Stations in order to enhance channel to receive state compensation application and to inform of

the right to receive state compensation in a systematic and comprehensive manner

(One Stop Service)

กรมคุ้��มคุ้รองสิทธิและเสิร�ภาพ กระทรวงยุ�ติธิรรม

The 3The 3rdrd stage stage ((fiscal fiscal year of 2015year of 2015))

1)Increase number of service points at police stations covering all 76 provinces2)Develop mutual declaration on the assistance to people between MOJ and RTP on 23 September 20143)Sign MOU to provide assistance to victims of crime according to the Compensation and Expenses for Injured Person and the Accused Act B.E. 2544(2001) on 8 December 2014

กรมคุ้��มคุ้รองสิทธิและเสิร�ภาพ กระทรวงยุ�ติธิรรม

Output of the Policy Output of the Policy implementationimplementation

2013 increase to 38.62%

2014 increase to 6553. %

2015 increase to 7313. %

This statistic shows a comparison between cases taking by police and state compensation applications submitted to RLPD

The numbers of applicants for state The numbers of applicants for state compensation is gradually increasing compensation is gradually increasing during the year 2013-2015during the year 2013-2015

Output of the Policy Output of the Policy implementationimplementation

In the fiscal year of 2012 , the payment for compensation and expenses for

Injured Person and the Accused was 206 millions THB. In the fiscal year of 2013-

2015, the payment has increased to 267, 360 and 375 millions THB respectively

Statistics show annually increase in Statistics show annually increase in provision of victim remedyprovision of victim remedyFiscal

year2 012 2 013 2 014 2 015

Payment (THB)

206,3 0 4 ,698

43

267,646,039.45

360,987,813.36

375,166,250.68

THANK YOU VERY MUCH

FOR YOUR ATTENTION

www.rlpd.moj.go.th