Provincial Attorney’s Unauthorized Interference in Prosecution Proceedings
Article 8. Mr. Pitak, the Provincial Attorney of Chachoengsao, acted in order to benefit Mr. Kh., in one civil case brought against Mr. Kh. by himself, while the case was pending before the court. During the court proceedings, Mr. Pitak was assigned by the Chachoengsao Provincial Court to prosecute the case on behalf of Mr. Kh. The court case revealed that Mr. Pitak abruptly joined the ranks of the Department of Public Prosecution. Mr. Pichai, an Attorney at the Chachoengsao Public Prosecution Office, proceeded to prosecute the case in place of Mr. Wituray, but the defendant objected, stating that Mr. Pitak, the Chachoengsao Provincial Attorney, had granted Mr. Pichai the authority to prosecute the case on his behalf. Therefore, Mr. Pichai had no authority to prosecute this case. If the court were to consider this matter, what order would it make? Order that Mr. Pichai has authority to prosecute this case because of the answer. This lawsuit was prosecuted by the Public Prosecutor as Plaintiff, pursuant to Section 11(6) of the Public Prosecutor Act B.E. 2498 [1955]. The Chachoengsao Provincial Attorney conducted this case [Parallel to Judgment of the Supreme Court No. 122/2512].