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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:
(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)
(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).