Criminal Prosecution Standards
Presumption of Innocence
An accused is deemed to be innocent of the charges filed against him until he is proven guilty beyond reasonable doubt.
The philosophy behind this standard is that the State, being the prosecuting party in a criminal proceeding, has available to her all resources of the country at her disposal. Such creates a clear disadvantage on the accused. To level the playing field, the burden of proving the accused's guilt is placed on the State owing to the advantage which she enjoys.
Rights of an Accused
Stemming from the Presumption of Innocence standard in criminal prosecution, the following are some of the rights afforded to an accused:
- The right to a competent and independent lawyer;
- The right to keep silent;
- The right to be told that he may make a statement, but the statement may be used in evidence against him;
- The right to communicate with counsel, family and friends whenever needed;
- The right to be given a translator in case he does not speak or understand Thai;
- The right to the attendance of a lawyer at all critical stages of the criminal proceedings.
Quantum of Proof in Criminal Prosecution - Proof Beyond Reasonable Doubt
The highest degree of certainty is required before one can be convicted of the crime charged against him. The judge must not have a tinge of doubt on the guilt of the accused before he sends him to receive the State's punishment.
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