Page 154 - บทความทางวิชาการหลักสูตร ผู้พิพากษาหัวหน้าศาล รุ่นที่ 21
P. 154
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Abstract
Criminal proceedings of the courts generally hold the principle that the
offender is required to be presented at the trial. In the case that the offender is release
by the court escapes or fails to comply with the court’s summons which the court
subsequently issues an arrest warrant and the court cannot arrest the offender , the court
cannot proceed and has to suspend the trial. This will cause a delay in the court’s
proceeding and affect the effectiveness of the law enforcement. In order to solve that
problems effectively, the Act on Measures for Supervising and Arresting the Absconded
Persons from the Temporary Release by the Court, B.E. 2560 (2017) is thereby enacted.
However, the person who leads the arrest or the official or a person requested by the
official for execution such warrant who conducts the arrest will be entitled to receive the
remuneration or reward payment in accordance with such Act which provides that it
must be the apprehension of the suspect or the offender on temporary release who
escapes from the release. If it is the apprehension of the suspect or the offender
according to the court’s arrest warrant in other cases whereby the suspect or the
offender is not on temporary release by court, it is not applicable to the conditions and
criteria to receive the remuneration or reward payment in accordance with such Act
which might adversely affect the motivation of the person who leads the arrest and the
official or the official or a person requested by the official for execution such warrant
who conducts the arrest as the remuneration of the duty performance. Therefore, this
issue should be studied in order to find proper solutions to solve the problems to create
motivations to the person who leads the arrest and the official or the official or a person
requested by the official for execution such warrant who conducts the arrest in case that
the Act does not apply to the payment of the remuneration and the reward payment.
KeyWords : Remuneration, Reward Payment