“Law Chula: The Dimensions of Law” A Discussion by Academics and Legal Experts on “Criminal Prosecution by the State and the Protection of Civil Liberties”

On Tuesday, 4 August 2020, the Faculty of Law, Chulalongkorn University hosted an academic seminar, “Law Chula: The Dimensions of Law” on the topic of “Criminal Prosecution by the State and the Protection of Civil Liberties”. Led by Professor Pramote Sermilatham, the objectives of the seminar were to exchange perspectives on criminal law enforcement and discuss the criminal procedures in the criminal case of Vorayuth Yoovidhya, whose indictment was revoked by the Attorney General. Vorayuth’s case has officially ended as charges were dropped and the National Police Commissioner did not object, resulting in the revocation of Vorayuth’s arrest warrants.    

Professor Dr. Khanit Na Nakhorn, former Attorney General, pointed out that the work between police officers and prosecutors is not only about checking and balancing each other; the two departments ought to collaborate. Despite having good laws in place, we lack the true understanding of the ‘legal system’. This leads to the incorrect application of the law which is detrimental to the country.  Furthermore, the Thai society is very different from foreign ones in that there is no proper public scrutinization system. Since the case of Red Bull’s heir, Boss, Vorayuth Yoovidhya, has caught the public’s interest from the beginning, officers involved in the criminal justice system must work with caution and within the acceptable standards. By looking at the strength of the justice system in other countries, educational institutions in Thailand need to be more serious in educating their students about the Thai justice system. When Prof.Dr. Khanit was the Attorney General, he established a Criminal Law Institute after realizing a week area in Thailand’s law enforcement system. Prof.Dr. Khanit urges educational institutions to pay more attention on the legal process in order for it to be justified.

Assistant Professor Pareena Srivanit, Dean of Faculty of Law, added that we must continue to follow up with the facts of this case. However, what we can take away from this case is the opportunity to revisit the criminal justice system for improvement. This incident has raised questions and provoked outrage from the public. However, hearing the voice of the public is a good start for the public to be more involved in the justice system.  At this point, it is unclear what the prosecutor order dictates, but as an educational institute, we must continue to be a role model and produce lawyers to service the society.  At the heart of law is justice. It is time we emphasis this to students.

Meanwhile, Police General Mana Porchuay, Secretary General of Confederation of Police Inquiry Officers, commented that it is a positive movement for the public and media to express their objection.  Otherwise, the case may have just died away as the authorities involved did not publicize the case updates.  The committee in charge of fact-checking the evidence in this case must work hard to bring changes to the justice system. If there is new evidence, the police can continue its investigation on the case.  However, the possibility for finding new evidence would be difficult as the case occurred long ago and in the case of a hit and run, it is rare to find new supporting evidence that will lead to prosecution.

Mr. Nititorn Kaewto, Lawyer, also emphasized the importance of Vorayuth’s case in drawing the public’s attention on the Thai justice system.  He stated that it’s a good sign that people are becoming more aware, as they may be more able to seek justice for themselves.  The process of seeking justice may range from the filtering of material facts/evidence in the case to the re-consideration of the entire case, which would be fair for suspects or defendants that have been setup.  Whether or not Vorayuth’s case has abnormalities, the best people to answer this question are the police and public prosecutors.

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