THAILAND'S
LEGAL SYSTEM: REQUIREMENTS, PRACTICE, AND ETHICAL CONDUCT
By
Charunun Sathitsuksomboon
To
apply for an examination as a public prosecutor-trainee, a candidate
must meet the following qualifications:
(1) |
(a) |
having a Bachelor's Degree in law (LL.B.)., or having a
law degree or certificate from a foreign country, not lower
than a Bachelor's Degree (compared and approved by the Public
Prosecutor Commission). |
(b) |
having passed the examination of the Institute of Legal
Education of Thai Bar Association. |
(c) |
having not less than two years experience as a judicial
official, registrar, deputy registrar, official receiver,
executing officer, probation officer, officer of the Judge
Advocate General Department, lawyer, or other legal profession
prescribed by the Public Prosecutor Commission. |
|
(2) |
being of Thai nationality. |
(3) |
being not
less than 25 years of age. |
(4) |
upholding
the democratic regime according to the Constitution with good faith. |
(5) |
being an
ordinary member of the Thai Bar Association. |
(6) |
not having
ignominious or immoral conduct. |
(7) |
not being
insolvent. |
(8) |
not
being under suspension or having temporarily resigned pursuant
to the Regulation of the Public Prosecutor Officers Act or other
laws. |
(9) |
not
having been expelled, dismissed, or removed from official service
or any state agency or state enterprise. |
(10) |
not
being imprisoned by a final judgement except for an offence committed
through negligence or as a result of a petty offense. |
(11) |
not
being incompetent or a quasi-incompetent person or a person of
unsound mind or mental disorder, or having a body or mental condition
inappropriate for being a public prosecutor, or having a disease
prescribed by the Ministerial Regulations. |
(12) |
passing
a physical and mental examination by a committee of doctors, consisting
of not less than three. The report of the committee shall be approved
by the Public Prosecutor Commission.(22) |
Once
the candidates pass the public prosecutor-trainee examination, they
will be called to participate in a training and will be evaluated before
appointment as Assistant District Public Prosecutor. Every public prosecutor-trainee
must be trained by the Attorney-General Office for not less than one
year and must be evaluated by the Public Prosecutor Committee to determine
whether he/she has obtained appropriate knowledge and ability and has
appropriate conduct to be appointed as an Assistant District Public
Prosecutor.
The
ways in which a public prosecutor can be terminated are as follows:
(1) |
death. |
(2) |
vacating
the office under the law on government pension fund. |
(3) |
resignation. |
(4) |
transfer
to serve as a government official. |
(5) |
resignation
for military service. |
(6) |
being instructed
to resign. |
(7) |
being expelled,
dismissed, or removed from office.(23) |
Part
8
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(22)
Section 33 of the Regulation of Public Prosecutor Officers Act B.E.
2521 (AD 1978).
(23)
Section 36 of the Regulation of Public Prosecutor Officers Act B.E.
2521 (AD 1978).