Prosecutorial Duty Regarding Postponement of Separate Criminal Proceedings
Article 5. Mr. Dam was detained at the Provincial Court of Nonthaburi in one criminal case. Subsequently, the investigating officer ascertained that Mr. Dam had assaulted Mr. Khao, which constituted a separate case under the jurisdiction of the Nonthaburi District Court. The officer notified Mr. Dam of the charge of causing bodily harm to Mr. Khao and requested a postponement of the prosecution of Mr. Dam before the Nonthaburi District Court within seventy-two (72) hours. The court granted the postponement. Consequently, the investigating officer expressed the opinion that it was appropriate not to indict the defendant. A copy of the investigation record was forwarded to the Prosecutor for consideration without a request for postponement of the defendant. The Prosecutor issued an order to indict Mr. Dam for assault causing injury to another person, resulting in danger to the body. At the time of issuing the order, the period for postponement of prosecution had expired. Therefore, please adjudicate whether the investigating officer was required to request a postponement of the prosecution of this case, and whether the Prosecutor must be authorized to indict before the Prosecutor General issues an order to indict. There was no arrest of Mr. Dam.
Defendant: Mr. Dam.
Investigating Officer: Not specified.
Ruling: