Bangkok Legal Service

Order 8 stipulates that Mr. was the Prosecutor in charge. Subsequently, the Court issued an order to transfer the case to – Chon Buri. Following this, the Attorney General issued an order for Mr. Daeng, a Prosecutor in charge, to be temporarily assigned to the Office of the Public Prosecutor, Rayong Province. The Rayong Province Court was instructed to assign Mr. Daeng, who was assigned to assist at the Office of the Public Prosecutor, Rayong Province, to handle only the matters transferred to the Chon Buri Province Court for consideration, due to the complexity and difficulty, should Mr. proceed with the prosecution, it would cause damage to the case. Subsequently, it was found that the Office of the Public Prosecutor, Chon Buri Province, had a high volume of work and insufficient staff. The Regional Prosecutor, responsible for both offices, assisted at the Office of the Public Prosecutor, Chon Buri Province, and informed the Chon Buri Province Court as follows: Mr. Daeng would have the authority to prosecute cases at the Chon Buri Province Court to what extent.

The answer is: Mr. Daeng has no authority to prosecute cases at the Chon Buri Province Court as stipulated by the Attorney General’s order, because Mr. Daeng was only temporarily assigned to assist at the Office of the Public Prosecutor under the direction of the Attorney General. Therefore, the Regional Prosecutor has no authority to order Mr. Daeng to assist at the Office of the Public Prosecutor, Chon Buri Province.

Reference: Section 12 (1) of the Public Prosecutors Act B.E. 2498 (1955) (5 points). However, concerning the cases transferred for consideration to the Chon Buri Province Court, the Attorney General instructed Mr. Daeng to continue with the specific cases as per the Public Prosecutors Act B.E. 2498, Section (5 points). Furthermore, Mr. Daeng is a Prosecutor who has been handling the cases from the outset, as per Section 12 (3) of the Public Prosecutors Act B.E. 2498 (1955).