Bangkok Legal Service

Forensic Evidence Analysis in a Death Investigation Dispute

Legal illustration: Forensic Evidence Analysis in a Death Investigation Dispute
Legal illustration: Forensic Evidence Analysis in a Death Investigation Dispute

Mr. K. was apprehended by Pol. Lt. Col. X. in the performance of his duties and by the investigating officer, and a forensic medical report was submitted to the prosecutor. The prosecutor considered and ordered, pursuant to Section 150 of the Criminal Procedure Code, further investigation by the investigating officer, which was stated to be a ‘most heinous murder case.’ The prosecutor had no authority to order further investigation as follows: Are the arguments of the investigating officer correct?

In a ‘most heinous murder case’ where the deceased was killed by a public official acting in the performance of their duties, it is considered a violation of natural law, pursuant to Section 148 of the Penal Code, which stipulates that the investigating officer must submit the forensic medical report to the prosecutor for the prosecutor to file charges and to determine the identity of the deceased, the place of death, the time of death, the cause and circumstances of death, and if death was caused by another person, to state who the perpetrator is and to ascertain what is known about it. Furthermore, Section 155 of the Criminal Procedure Code, which falls under the heading of ‘investigation procedures,’ is to be applied analogously to the forensic medical report. This allows for the application of ordinary investigation procedures to the forensic medical report. The arguments of the investigating officer are therefore