Receiving Stolen Property and Unauthorized Prosecution of a Defendant
The facts reveal that in the year B.E. 2534, Mr. Kao, of Thai nationality, sold a Buddha image belonging to Mr. Thao Un, of Lao nationality, to Mr. Kiao, located in Muang Nakhonphanom District, Nakhonphanom Province.
Mr. Thao Un filed a complaint with the Chief Police Officer, Nakhonphanom Police Station, Police Major Jit, who apprehended Mr. Kiao together with the State Buddha Image at Muang Nakhonphanom District, Nakhonphanom Province.
Investigation proceedings were conducted and Mr. Kao was investigated on the charge of theft, and Mr. Kiao was investigated on the charge of
The investigation records and recommendations for prosecution were submitted. The Public Prosecutor of Nakhonphanom Province considered the case and ordered the Public Prosecutor to prosecute Mr. Kao on the charge of theft and to prosecute Mr. Kiao on the charge of receiving stolen property.
It is necessary to determine whether the Public Prosecutor of Nakhonphanom Province issued a correct order.
Mr. Kao, of Thai nationality, committed the offense against the Kingdom and Mr. Thao Un, of Lao nationality, was the victim who filed a complaint against him. The case has been prosecuted, and this is a violation of Thai law that was committed outside of Thailand.
The Public Prosecutor, or the Acting Public Prosecutor, acting as a Police Investigator, is responsible for such offenses, as stipulated in Section 154 of the Criminal Procedure Code.
The Public Prosecutor of Nakhonphanom Province prosecuted Mr. Kao on the charge of theft, but had not yet assigned the responsibility to Police Major Jit, therefore the order was incorrect.
Instead of Police Major Jit, Police Major Jit was not the Police Investigator responsible for Mr. Kiao.
Mr. Kiao committed the offense of receiving stolen property at Muang Nakhonphanom District, Nakhonphanom Province, and Police Major Jit had the authority to investigate and was the Police Investigator responsible for the offense.
Mr. Kiao committed the offense of receiving stolen property, which is a violation occurring within the jurisdiction of his area, as stipulated in Section 18 of the Act Governing Criminal Proceedings.
The prosecution by the Public Prosecutor of Nakhonphanom Province on the charge of receiving stolen property was correct.