Director’s Order Validity and Attorney Pursuit Authority
Article 8. The Provincial Attorney General’s Office, Sing Buri, received the investigative summary of the criminal case, finding the defendant culpable through premeditation from Station 1, Police Station Muang Sing Buri, which had been investigated properly. However, due to the case being a significant matter of public interest, the Director of Public Prosecution, Region 1, issued an order for Mr. Waen, an Attorney of the Office of the Provincial Attorney General, Lop Buri, who was situated within the area of the Office of the Public Prosecutor, Region 1, to pursue the case specifically, and this was already notified to the Sing Buri District Court. The Plaintiff in the Sing Buri District Court, Mr. Waen, suffered a sudden illness and was unable to appear, and informed the Sing Buri Provincial Attorney General. The Sing Buri Provincial Attorney General then ordered Mr. Kaew, Deputy Attorney, Sing Buri, to pursue the case at the Sing Buri District Court instead. To determine the following: (a) Is the order of the Director of Public Prosecution, Region 1, as stated above, valid or invalid, and why? (b) Does Mr. Kaew have the authority to pursue the case at the Sing Buri District Court, and why?
Answer (a) According to the Office of the Attorney General Act, B.E. 2498 (1965), Section 12 (1), it stipulates that the Director of Public Prosecution (Special Prosecutor for the Region) may issue an order for an Attorney stationed within one area within the region to pursue a specific case within that area. (2 points) Therefore, the Director of Public Prosecution, Region 1, issuing an order for Mr. Waen, an Attorney of the Sing Buri Provincial Attorney General, who was situated within the area of the Office of the Public Prosecutor, Region 1, to pursue a specific case, and the Sing Buri Provincial Attorney General is situated within the area of the Office of the Public Prosecutor, Region 1, and this was already notified to the Sing Buri District Court, is a valid order. (2 points) According to the Office of the Attorney General Act, B.E. 2498, Section 12 stipulates that (b) Attorneys, besides the Attorney General, Deputy Attorney General, and Director of Public Prosecution (Special Prosecutor for the Region), have the authority to pursue cases at the courts within the area where the Attorney General for Administrative Affairs is stationed, provided that the Director of Public Prosecution (Special Prosecutor for the Region) is stationed within that area and pursues cases specifically within that area. (3 points) Therefore, even though Mr. Waen, Attorney of the Sing Buri Provincial Attorney General, received an order from the Director (Special Prosecutor for Region 1) to pursue a specific case at the Office of the Sing Buri Provincial Attorney General, Lop Buri, this is a case of exception specifically for Mr. Waen to have the authority to pursue cases at the Sing Buri Provincial Attorney General’s Office, but it does not cut the authority of Mr. Kaew at Sing Buri, to continue pursuing the case, including the specific case, Mr. Kaew has the authority to pursue the case at the Sing Buri District Court. (3 points)