Unlawful Transfer of Prosecution and Related Court Decision
Article 5. Mr. Ton, while serving as the Assistant District Prosecutor of Samut Prakan Province, transferred the case to the Lamphun Provincial Court. Subsequently, Mr. Somsak moved and accepted civil service employment in Chiang Mai Province. The Samut Prakan Prosecutor observed that the case was complex and, if entrusted to the plaintiff, would cause damage to the case. Therefore, a letter was issued appointing Mr. Somsak, who had already been employed in Chiang Mai, to assist Mr. Somsak. Mr. Somsak considered it to be for the benefit of the government and proceeded to prosecute the case. The Lamphun Provincial Court refused to allow Mr. Somsak to prosecute this case. It was observed that the court order was valid or invalid.
The court order was found to be unlawful. It was determined that Mr. Somsak had authority under Section 12 (3) of the Office of the Public Prosecutor Act B.E. 2498 [1955], concerning the hiring of Mr. Biaw to assassinate Mr. Liem, who was the father of Mr. Kla, the employer.