Authority of Special Prosecutors in Provincial Prosecutor Assignments
Order 7. Mr. Somchai, having completed his civil service tenure on [DATE] and without a replacement officer, was assigned by the Public Prosecutor to the Chon Buri Provincial Prosecutor’s Office on September 30, 2002. The Public Prosecutor of the Office of the Comptroller and Public Auditor General was instructed to hold the position of Provincial Prosecutor for Chon Buri, without informing the Chon Buri District Court. In contrast, in the province of Chantaburi, an order was issued by Mr. Phutr, Special Prosecutor of the Office of the Comptroller and Public Auditor General, Director of the Second Jurisdiction Office (Special Prosecutor for Zone 2) to act in the position of Provincial Prosecutor for Chantaburi, with the Chon Buri District Court notified. Subsequently, Mr. Nakhon and Mr. Phutr proceeded to assume their duties and registered as plaintiffs in filing criminal cases against the Chon Buri District Court and the Chantaburi District Court, respectively. It was determined whether Mr. Phutr possessed the authority to prosecute cases in said courts. The answer is, due to Mr. Somchai, Provincial Prosecutor of Chon Buri, having retired, the position of Provincial Prosecutor for Chon Buri became vacant, granting the Public Prosecutor the power to issue an order instructing Mr. Nakhon, Special Prosecutor of the Office of the Comptroller and Public Auditor General, to hold the position of Provincial Prosecutor for Chon Buri, as stipulated in Section 18(2) of the Public Prosecutors Act B.E. 2498 (1955). This could be done without informing the Chon Buri District Court. Mr. Nakhon therefore possessed the authority to prosecute cases in the Chon Buri District Court.
Regarding Mr. Sompong, Provincial Prosecutor of Chantaburi, having retired, the position of Provincial Prosecutor for Chantaburi became vacant, and the authority to appoint a Public Prosecutor to hold the position was vested in the Public Prosecutor, as stipulated in the Public Prosecutors Act B.E. 2498 (1955) Section 18(2) without the power to issue an order instructing Mr. Phutr, Special Prosecutor of the Office of the Comptroller and Public Auditor General, Director of the Second Jurisdiction Office (Special Prosecutor for Zone 2) to hold the position of Provincial Prosecutor for Chantaburi, even though a notification was sent to the Chon Buri District Court. Mr. Phutr therefore had no authority to prosecute cases in the Chon Buri District Court.