Academics - Lawyers" reveal that there is a guideline for the Tak Bai case to extend the statute of limitations within 5 days. The government must propose issuing an emergency decree to amend the statute of limitations. Emphasize that there is a constitution to support it. The Foundation for Cultural Integration, in collaboration with the Law Center, Faculty of Law, Thammasat University, will hold an academic seminar on the topic 'Tak Bai Criminal Case Expired: Whose Responsibility? Can the Case Be Prosecuted?' Mr. Pokpong Srisanit, Dean of the Faculty of Law, Thammasat University, said that the Tak Bai case, which will expire in 5 days on October 25, 2024, has led to a need to discuss what can be done academically. The Tak Bai case, which the relatives filed a lawsuit with the Narathiwat Provincial Court and which the Attorney General ordered to be prosecuted, is a criminal case of murder, which the Criminal Code stipulates that if the criminal offense of murder is not prosecuted and the accused is not bro ught to court within 20 years, the case will expire. 'In this case, the prosecutor has already filed a lawsuit and there is a suspect. If the suspect is brought to court in time, the case will not expire within 20 years. However, if the statute of limitations has expired, the case will be suspended and the proof of guilt will stop.' Mr. Pokpong said that the Thai law that sets the statute of limitations allows the offender to flee abroad before the statute of limitations expires, then return to Thailand and escape the charges. However, in some foreign countries, murder cases do not have a statute of limitations because they are serious crimes. 'Some countries have a statute of limitations, some don't. But there is universal statute of limitations that are consistent. For example, the Bangkok Constitution states that there is no statute of limitations. There are 4 specified offenses, such as genocide, inhumanity, and war crimes, crimes against aggression.' Mr. Pokpong revealed that under French law, the st atute of limitations in criminal cases can be suspended when the public prosecutor issues a lawsuit or the investigator receives a complaint. The statute of limitations is interrupted and must be recalculated. Therefore, Thailand can adapt these guidelines to solve the statute of limitations problem. 'The proposal is to amend this law. How can we stop criminal cases? Because the prosecutor has complete evidence. The prosecutor has already indicted. According to French law and Japanese law, if the suspect flees, especially fleeing from abroad, the statute of limitations should be stopped. But in Thailand, there is no crime in criminal cases.' Pokpong said that in Thailand, the NACC law was amended in 2011, which stipulated that cases involving government officials who commit corruption are not subject to the statute of limitations, but criminal murder cases are not. 'What is the possibility of the Tak Bai case? In terms of technicality, criminal law, and human rights, legally it is possible, but it is likel y to be difficult.' Mr. Pokpong added that the possibility of amending the statute of limitations law is difficult because it must be done within 5 days. There is also the Supreme Court's approach that sees the statute of limitations as a criminal law. If a new law amends the statute of limitations, if it has adverse effects, it will not be retroactive. In order to count back to apply to the Tak Bai case, it must be amended within 5 days. Mr. Prinya Thaewanarumitkul, a lecturer at the Faculty of Law, Thammasat University, said that regarding the statute of limitations for the Tak Bai case, we must look at the statute of limitations law because the problem in Thailand is that the statute of limitations is written in a way that encourages people to flee, commit crimes and flee until the statute of limitations expires, and then return to Thailand scot-free. If the law needs to be amended, if it is to be done within 5 days, the government may need to issue a royal decree to be proposed at the cabinet meeting on Tuesday, 22 October. 'According to Article 29 of the Constitution, a person shall be held criminally liable as prescribed by law and shall be punished as prescribed by law at that time. The Supreme Court's approach can be used in this matter. If the government were to issue an emergency decree, this Constitution would support it, which could be applied retroactively because the Tak Bai case is a criminal case, a case of murder, joint murder, and illegal detention.' Mr. Prinya said that if on October 25, 2024, even though the statute of limitations has expired, it does not mean that the defendant according to the arrest warrant of the Narathiwat Provincial Court will be acquitted. They are still guilty, but cannot be punished. Even though the statute of limitations has expired, it does not mean that they are innocent. They are still guilty, but cannot be punished. Mr. Prinya also said that if the government were to push for the amendment of Section 172 on the statute of limitations, it might fall under Sect ion 172 in cases where it would be beneficial to maintain the security of the country. It would have to be considered whether the problems in the southern border provinces fall under this criteria or not. 'The minimum we expect from the government is to amend the law and the statute of limitations because society expects it. This is a very low level. As for whether the government can do more during this time, the truth is that the main thing is whether or not the defendant can be brought to court. If the government has done its best, it will be difficult for people to criticize because it has done its best. If by October 25, society sees that it has not done its best, there will be criticism or accusations that the government is helping or not,' Mr. Prinya reiterated. Source: Thai News Agency