Validity of Substitution of a Provincial Attorney General Order
1d. The defendant proceeded to the hospital. The Special Prosecutor for the Province then issued an order for the Special Prosecutor for the Performance of Official Duties to act as a substitute for Provincial Attorney General K., temporarily, to prevent which was located within the jurisdiction. The Attorney General of the Department of Official Duties was assigned to the same position as Provincial Attorney General 2. to prosecute important civil cases on a specific matter for the benefit of the case. 1. The Deputy Provincial Attorney General for the Provincial Court K. was assigned to assist in the performance of the duties of the Provincial Attorney General temporarily, to replace the personnel shortage. 1. It is necessary to determine whether the order of the Special Prosecutor for the Province in this case is in accordance with the Act on Prosecutors or not? (1) In cases where the Attorney General who is the head of the office cannot perform duties as stipulated in the Act, other prosecutors who are designated as head prosecutors under Section 18 may be appointed as substitutes. If such appointment is not made, an experienced prosecutor as stipulated in the regulations may be ordered to change, such as the Permanent Secretary or a substitute plan. As stipulated in Section 18, paragraph 7, only the Minister can authorize the salary of the Special Prosecutor who orders another prosecutor to substitute Provincial Attorney General K. Therefore, this order is not valid. (2) According to Section 12(1) of the Act on Prosecutors, it orders prosecutors who serve in one area within a district to only address issues, the Attorney General of the Department of Official Duties in the position of Provincial Attorney General Ch., temporarily, according to the order of the Permanent Secretary under Section 18(2) is not applicable in this case, therefore it is also invalid. (3) The order of the Special Prosecutor for the Province is valid because it is an attorney who is performing duties in another area temporarily.
Civil Procedure Law, Evidence Law, the Supreme Court Rules, and Evidence Rules
The defendant is a party in a civil lawsuit involving a sum of 25,000 baht against X.