Bangkok Legal Service

In the case of criminal offense of [MURDER], the Provincial Attorney General, Mr. [K.], ordered the dismissal of the defendant due to insufficient evidence and submitted a summary to the Provincial Governor for consideration. The Provincial Governor then ordered the Police Investigation Officer to provide an additional investigation report. Upon receipt of the additional investigation report, it was found that the investigation summary, which was under consideration by the Provincial Governor, was mixed with other documents. The Provincial Governor had a dissenting opinion regarding the defendant and the summary was submitted to the Attorney General for final determination. The Provincial Governor discovered the investigation summary was mixed with other documents. If the Attorney General subsequently approved the dismissal order of Mr. [K.], the order could be confirmed by the decree. Subsequently, the Attorney General, Mr. [SAENG], took over the case due to public interest, ordering Mr. [DAENG], Provincial Attorney General, Mr. [B.], to prosecute as follows: Whether the order of the Attorney General is lawful? When the Provincial Governor had a dissenting opinion and ordered to prosecute, even if the Provincial Governor issued a decree to confirm the dismissal order, it must be considered that the Provincial Governor had a dissenting opinion. Therefore, the Attorney General has the power to issue a final order according to Section [444] of the Criminal Procedure Code (Judgment No. 30/2538). The Attorney General ordered Mr. [DAENG], Provincial Attorney General, Mr. [B.], to prosecute only the specific case as per Section 12 of the Office of the Attorney General Act B.E. 2498 (1965). All persons are equal before the law and shall be entitled to equal protection under the law. Men and women shall enjoy equal rights. Unjust discrimination against a person on the basis of origin, race, language, sex, age, physical condition, economic or social standing, religious belief, education or culture, violates the constitution, is prohibited. Measures determined by the state in order to promote persons' ability to exercise their rights shall not be deemed as unjust discrimination. The public prosecutor is a legal officer of the court and the administration of justice. The public prosecutor has a quasi-judicial capacity. This means that even though the public prosecutor uses the judicial process, but a government official who must follow the laws and procedures. The public prosecutor is independent in his work for the administration of justice, like any other government officials, the public prosecutor is subject to authorities under the procedural laws and any other laws and follow the orders of any superiors ranging from officials to ministers. In performing the duties as provided in criminal procedure, the public prosecutor is in charge of the investigation and the power to give a final order in the case to the attorney general.

The Public Prosecutor is a legal officer of the state, administering justice. In performing this duty, the Public Prosecutor has a quasi-judicial capacity. This means that although the Public Prosecutor utilizes the judicial process, he is a government official who must follow the laws and procedures. The Public Prosecutor is independent in his work for the administration of justice, like any other government officials, the Public Prosecutor is subject to authorities under the procedural laws and any other laws and follow the orders of any superiors ranging from officials to ministers. In performing the duties as provided in criminal procedure, the Public Prosecutor is in charge of the investigation and the power to give a final order in the case to the attorney general.

Examination Paper. B.E. 2544

Examination for selection to be appointed as a Prosecutor in the position of Prosecutor in Criminal Law, Civil Law and Commercial Law (Provide reasons in detail).