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ปีที่ 1 ฉบับที่ 3 (กันยายน - ธันวาคม 2563) 61

Right of the counterpart in the Military Court
and the Civilian Court

Dr. Komate Subongkoj
Abstract

Nowadays in Thailand, the theory of people rights and liberty have progressed. This
change is the important thing to protected for, especially the people equality which provided
that all persons are equal treatment or unjust discrimination against a person in accordance
with the Constitution. The treatment under the equality rule shall enjoy equal treats for
same essential substance and shall enjoy different treats for different essential substance,
this will make the justice under the equality rule. At the present moment, the military judicial
process have many problems about the parties’s equality between the Military Court and
the Civilian Court. The parties in the judicial process shall enjoy equal rights under the law,
especially the right in the criminal judicial process. In the Military Court system or the Civilian
Court system shall enjoy equality but at this time the parties’s rights in the both of system
shall unequality such as the limited of right to prosecute a person who is not subject to the
jurisdiction of the Military Court, the defendant’s right to be counsel in the Military Court
shall enjoy worse than the right in the Civilian Court, the limited of right to prosecute the civil
cases in connection with an offence in the Military Court. This problems make the parties’s
protection in the Military Court is worse than the protection in the Civilian Court. Although
the Military Court has power to trial and adjudicate a person who subject to the jurisdiction
of the Military Court but it shall enjoy equal rights protection for the parties with intent to
the universal rule and the parties’s right in the Civilian Court.

Keywords

Military Court, Equality, Military judicial process