Authority of a Transferred Public Prosecutor to Continue Proceedings under Section 12(3) of the Public Prosecutors Act B.E. 2498 (1955)
While serving as an Assistant Provincial Public Prosecutor of Samut Prakan Province, Mr. Ton transferred a criminal case for prosecution before the Lamphun Provincial Court. Subsequently, Mr. Somsak was reassigned to serve in Chiang Mai Province.
Given the complexity and sensitivity of the case, the Samut Prakan Public Prosecutor determined that continuity of prosecution was essential to avoid prejudice to the proceedings. Accordingly, a written authorization was issued empowering Mr. Somsak-despite his reassignment-to continue conducting the case.
Mr. Somsak, considering such authorization to be in the interest of public service, appeared before the Lamphun Provincial Court to proceed with the prosecution. However, the Court refused to permit him to act in the matter.
In my view, the Court’s order was legally improper. Pursuant to Section 12(3) of the Public Prosecutors Act B.E. 2498 (1955), a public prosecutor who has been duly authorized retains the legal authority to conduct proceedings on behalf of the prosecution, notwithstanding a subsequent transfer of official post. The statutory power derives from lawful authorization, not territorial assignment alone.