Page:พรบ อัยการ ๒๕๕๓.pdf/5

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

Volume 127, Issue 75A
Page 42
Royal Gazette

7 December 2553

Section13.The public prosecutors regularly serving in the central public service shall be the public prosecutors for all the courts of first instance in Bangkok. The Attorney General, or the Deputy Attorney General or Chief Prosecutor to whom this duty has been assigned by the Attorney General, shall be the head of those public prosecutors for the courts of first instance in regard to their performance of public service.

Section14.The public prosecutors have the following powers and duties:

(1)the powers and duties according to the Constitution;

(2)in criminal cases, [the public prosecutors] have the powers and duties according to the Criminal Procedure Code and other laws which provide that such powers and duties belong to the Office of the Attorney General or public prosecutors;

(3)in civil or administrative cases, [the public prosecutors] have the powers and duties to run cases in court or in all arbitral proceedings on behalf of the Government, state agencies which are constitutional institutions, central public bodies, or provincial public bodies, as well as the powers and duties according to other laws which provide that such powers and duties belong to the Attorney General or public prosecutors;

(4)in civil, administrative, or criminal cases which are instituted against state authorities with respect to their performance of duties, or in civil or criminal cases which are instituted against any private citizens with respect to their observance of orders given lawfully by state authorities or their participation with or provision of assistance to state authorities who were acting in the performance of public duties, the public prosecutors may, when found appropriate, accept to set up defence on their behalves;

(5)in civil cases, administrative cases, or contentious cases requiring arbitral processes, to which state agencies other than those mentioned in (3) or juristic persons who are not state agencies but have been established by acts or royal decrees are parties, and which are not their disputes with the Government or disputes between the state agencies themselves, the public prosecutors may, when found appropriate, accept to set up response or defence[1] on their behalves;

(6)in cases which citizens cannot institute on their own motion due to legal prohibition, the public prosecutors have the power of institution[2] when found appropriate;

(7)[the public prosecutors] are to carry out activities, as found appropriate, in relation to the execution of criminal judgments only for the seizure of property to cover the fines according to the judgments, in respect of which no costs shall be levied upon the public prosecutors;

  1. In Thai, wa tang (Thai: ว่าต่าง) means to set up response (to the defending party) on behalf of the instituting party, and kae tang (Thai: แก้ต่าง) means to set up defence (against the instituting party) on behalf of the defending party.
  2. Literally, "the power to be instituting parties".