Page 910 - บทความทางวิชาการหลักสูตร ผู้พิพากษาหัวหน้าศาล รุ่นที่ 21

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ค าส าคัญ : การใช้ดุลพินิจ, การเยียวยาผู้เสียหาย, คดีขับรถโดยประมาท

Abstract

This article aims to study the problem of the court’s discretion to remedy the victim

in the case of reckless driving causing injury to other’s life or body by studying the concepts
and theories related to civil liability, crime control, legal proceedings, punishment theory

and the use of the court's discretion in punishing including criminal prosecution procedures

and victim remedies as provided by law to suggest the solutions.
The study found that the concepts and objectives of punishing defendants in

criminal and civil cases are different Punishment for defendants in criminal cases is
.
primarily aimed at protecting society, but in civil cases is primarily aimed at redressing the

victims. In the case of reckless driving causing injury to other’s life or body is a civil case

related to a criminal case. Although the injured person has the right to make a claim under
insurance law, tort law and criminal procedure law But the victims still have difficulty
.
.
getting adequate and timely remedies While offenses are often committed through
negligence, not intentional. Courts must exercise discretion in their trials in order to provide

justice for both victims and offenders within the limited framework of the law, such as the

inability to summon persons jointly liable with civil defendants to come into the case. The
determination of the victim must be a legally injured person forcing the offender to pay

compensation.

The author therefore recommends the guidelines to remedy the victims and protect
society with the system of liability insurance to third parties offering law enforcement to

defendants with a history of reckless driving and amending the criminal procedure act,
section 44/1, giving the court the power to summon a person who is jointly liable with a

civil defendant in the case and does not apply the principle of being a legally injured

person to consider in making a civil claim.

Keywords : Discretion, Compensation for victims, Reckless driving case