Provincial Court Involvement in Prosecutor Prosecution Jurisdiction
The Chon Buri Provincial Court finds that in December 2543, the Public Prosecutor’s Office of Chon Buri required the prosecution of cases at the Chon Buri District Court. The Public Prosecutor’s Office of Chon Buri was insufficient to perform its duties, and therefore requested the cooperation of the Chon Buri Provincial Court. The Chon Buri Provincial Court appointed Mr. Phon, Assistant Public Prosecutor of the Chon Buri Public Prosecutor’s Office, to prosecute cases of the Chon Buri Public Prosecutor’s Office at the Chon Buri District Court. The Chon Buri Provincial Court considered that the prosecution originated in the territory of the same province and permitted Mr. Phon to prosecute cases of the Chon Buri Public Prosecutor’s Office at the Chon Buri District Court, as requested by the Public Prosecutor. The Public Prosecutor informed the Chon Buri District Court by letter, and Mr. Phon prosecuted several cases at the Chon Buri District Court in December 2543, including the question of whether Mr. Phon’s prosecution was in accordance with the law.
Mr. Phon, Assistant Public Prosecutor of the Chon Buri Public Prosecutor’s Office, has the power to prosecute only cases within the jurisdiction of the Chon Buri Provincial Court, which is the court in the area where the Public Prosecutor is stationed to perform his duties in another area. He may act on behalf of the Attorney General or the Deputy Attorney General, according to Article 12 (1) of the Public Prosecutors Act B.E. 2499, if there is an order from the Attorney General or the Deputy Attorney General, Mr. Phon was assigned to assist at the Chon Buri Office.
The prosecution by Mr. Phon at the Chon Buri District Court is not in accordance with the law.
The Public Prosecutor of Songkhla Province was unable to perform his duties and therefore appointed Mr. Ek.