Cross-Border Homicide Investigation and Jurisdiction Determination
Mr. Don, of Lao nationality, and Mr. Den, of Thai nationality, disputed matters at the pier on the People’s Republic of Laos, Democratic Republic side. Mr. Don intentionally shot Mr. Den, resulting in a single gunshot wound to the torso, causing grievous bodily harm and endangering his life. He was taken to Nong Khai Provincial Hospital, and due to the severity of his injuries, he died at Nong Khai Hospital, located within the jurisdiction of Muang Nong Khai Police Station, Provincial Police Division. Subsequently, Mr. Don arrived in Nong Khai Province. Mr. Den filed a complaint with the investigating officer at the Muang Nong Khai Police Station against Mr. Don. The investigating officer apprehended Mr. Don, charging him with intentionally killing another person. The case was forwarded to the Nong Khai Provincial Prosecutor’s Office. The following questions arose: Whether the investigation conducted by the investigating officer was valid, and whether the Nong Khai Provincial Prosecutor had the authority to prosecute the case. Mr. Don, of Lao nationality, used a firearm to shoot Mr. Den, while at the pier on the People’s Republic of Laos, Democratic Republic side, adjacent to the border. Mr. Den was taken to Nong Khai Provincial Hospital and subsequently died there. The aforementioned nurse succumbed to the effects of the injuries, which constituted a violation of the territory of Thailand, given the nature of the act. Therefore, it is deemed that the offense occurred within the Kingdom of Thailand.
ix 296 Penal Code, Section 5, Paragraph 1. Mr. Don was therefore sentenced accordingly. Despite the fact that Mr. Don committed a crime, the law stipulates that such acts occurring within the Kingdom must be prosecuted under Thai law. However, Mr. Don’s actions occurred outside the Kingdom, given the actual circumstances. The Attorney General or his deputy, as the investigating officer, may delegate this duty to any investigating officer as stipulated in the Criminal Procedure Code. It is not apparent that the Attorney General has delegated this duty. Criminal Code, Section 20. The investigating officer of the Muang Nong Khai Police Station, Nong Khai Province, is therefore not a valid investigating officer. Consequently, the investigation was deemed invalid, rendering the prosecution without foundation as per the Criminal Procedure Code, Section .
Mr. Don, of Lao nationality, used a firearm to shoot Mr. Den, of Thai nationality, at the pier on the People’s Republic of Laos, Democratic Republic side, adjacent to the border. Mr. Den died as a result. The facts are based on Section 5 of the Penal Code, Paragraph 1. Mr. Don is liable for the offense.