Page 71 - นิตยสารดุลพาห เล่มที่ ๑-๒๕๖๑-กฎหมายฯ

´ØžÒË

Methodology

This research is conducted by adopting the documentary research,
in-depth interviews, focus groups, brainstorming approaches. Laws in four

countries–France, Germany, the United Kingdom, and Japan–were examined.
This research interviewed 31 experts on corruption and malfeasance cases and

human traffi cking cases, as well as, two focus groups–54 people involved–were

held. Plus, there was a brainstorming conference which 150 persons participated.
This research was done during 15 January 2017 to 14 September 2017.

Outcomes and suggestions

1. The inquiries conducted into a human traffi cking case and a general

criminal case have little differences meanwhile an inquiry into corruption and
malfeasance cases varies from general criminal inquiries as the law establishes

two special institutions–the NACC and the Offi ce of Public Sector Anti-Corruption
Commission (PACC)–to investigate and make an inquiry into these cases

pecifi cally and the inquiry by those institutions could harmonize and support

evidence to the inquisitorial criminal procedure.

2. As for outcome of fi eld research is concerned, it should be

decentralized an inquiry power and providing capacity building to the offi cials
of NACC and PACC meanwhile in the case of Human traffi cking it should be

promote capacity building and modify the enquiry offi cials to have special

power as Department of Special Inquiry offi cials.

3. As the study on foreign laws, we have found that in Germany,

France and Japan they conduct inquiries into these cases by using the same
agency and procedure as general criminal offences. They do not establish

a special agency to do the cases. In a similar vein, there is no special unit

in the UK for human traffi cking cases, except for that in a case of human

๖๐ เลมที่ ๑ ปที่ ๖๕