Volume 127, Issue 75A
Royal Gazette
7 December 2553
Section19.In regard to the exercise or performance by public prosecutors of the powers or duties under the Criminal Procedure Code or other laws, the Attorney General shall have the power to give specific orders or lay down rules for the public prosecutors to observe.
In the event where a law provides a power for the Attorney General, if the law does not designate a specific method for the assignment of such power, the Attorney General may assign the power to a Deputy Attorney General or a Chief Regional Prosecutor. However, this does not apply to the powers under section 21 of this Act and section 20, paragraph 6, section 143, and section 145 of the Criminal Procedure Code.
In assigning a power according to paragraph 2, the Attorney General may law down rules for the assignee to observe.
Section20.Subject to section 19, the acting as or for a public prosecutor holding any position under section 9 shall be governed by the rules designated by the PPSC.
In the event where any other law appoints a public prosecutor in any position as a member of a committee or grants him certain powers and duties, the person acting as or for him shall also have the powers and duties as a member of the committee or have the powers and duties as the holder of such position when acting as or for him, as the case may be.
Section21.The public prosecutors are independent in considering and giving orders as to cases and in performing their duties according to the Constitution and laws in an honest and just manner.
Should a public prosecutor find that the institution of a criminal case would not be in the interest of the public or would have an effect on the safety or security of the Nation or on an important benefit of the Country, he shall submit the matter to the Attorney General, and the Attorney General shall have the power to order that the institution of the case be withheld. However, this shall be governed by the rules which are designated by the Office of the Attorney General with the approval of the PPSC.
The stipulations of paragraph 2 shall also apply mutatis mutandis to the event in which a public prosecutor refrains from filing a petition, refrains from filing an appeal, refrains from filing a final appeal, withdraws an instituting document,[1] withdraws a petition, withdraws an appeal, or withdraws a final appeal.
Section22.The discretion exercised by a public prosecutor in considering and giving orders as to cases and in performing the duties according to section 21, for which a statement of reasonable grounds has been given, is protected.
- ↑ The Thai term fong (Thai: ฟ้อง), here translated as "instituting document", refers to any document instituting a case in court, such as a civil plaint, criminal charge, etc.
