Criminal Justice Goals Research Articles

The subjective side of declaring false information: some theoretical and practice aspects (based on judicial practice of the Higher Anti-Corruption Court)

It is determined that according to the approach prevailing in the theory of criminal law, the declaration of false information is characterized by an intentional form of guilt, the type of intent is direct. Judicial practice also confirms that this composition of the criminal offense requires the establishment of direct intent. The analysis of the judicial practice of the Higher Anti-Corruption Court (mostly verdicts) is carried out. On the basis of such an analysis of judicial practice, a conclusion is formulated about the heterogeneity of the approaches of the practice to the study of subjective signs of declaring false information. In some cases, the court objectively investigates the subjective signs, including the motive and purpose, and, if it is impossible to establish a specific motive and purpose, an acquittal is passed due to the absence of the subjective side of the composition of this criminal offense. In others, courts establish direct intent based on the factual circumstances, while the motive and purpose are presumed, but not specifically investigated (general provisions are given - presumptions about the presence of a personal motive and purpose to hide information from the public and regulatory authorities about one’s true financial status). In some cases, in the opinion of the courts, there is a need to establish direct intent, which is established based on objective signs, but there is no need to investigate the motive and purpose of declaring false information (this is explicitly indicated in some judgments). Analysis of judicial practice allows us to trace different court conclusions regarding the subjective signs of the composition of declaring false information even under similar factual circumstances. It is emphasized that of all the elements of any criminal offense, it is the subjective side that is the most difficult to establish, and when establishing the subjective side of declaring false information, special difficulties arise, which is associated with the “increased” requirements of the legislator to the intellectual moment of guilt. The opinion is expressed that the above confirms the need to investigate all subjective signs, including the subject’s motives and goals, because this contributes to the achievement of the goals of criminal justice.

Intersection of CBRN, military forensic science, and counterterrorism

The wars in Iraq and Afghanistan required that forensic science was used beyond the traditional law enforcement and criminal justice goals and applied to military operations. The 9/11 terror attacks in the United States (US) inspired further attacks in the Western World and highlighted the importance of national and international intelligence sharing for counterterrorism operations. Following the 9/11 attacks, anthrax was disseminated in the US mail system, demonstrating a successful modern use of biological agents. As a result, nations enhanced their Chemical, Biological, Radiological and Nuclear (CBRN) capabilities to prevent, prepare, respond, and recover from CBRN attacks but in the last decade, there has been a decrease in capabilities across military forensic science, counterterrorism, and CBRN. Recent changes in the global and strategic environment such as, the war in the Ukraine, the threat of grey zone conflicts (below the threshold of war) such as the conflict in the Middle East, and strategic competition, indicates international, national, state and local CBRN capabilities need to be reinvigorated in a world under digital transformations. There is a need for a harmonized approach to enhance the integration of military, law enforcement, and CBRN operations to support decision-making. In this paper, we look back to where we have come from and where we are now to make recommendations on where to from here for military forensic science and counterterrorism, including CBRN which intersects both of these systems.

Iran’s Legislative Policy in dealing with Fraud During COVID-19 Pandemic

The fear of the coronavirus has led to various types of scams related to the virus on the internet and in people’s homes, including in Iran. Scams include fraud through corona vaccine cards, fake coronavirus tests, counterfeit drugs, phishing fraud, and sites selling masks at exorbitant prices. Criminals have also been visiting homes for corona testing or disinfection, and using the pretext of livelihood loans or pre-sale advertisements of tourist tours with corona vaccine injections. As the COVID-19 virus spreads, Iran’s legislative policy has been to punish criminals to maintain the psychological safety of society. However, implementing legal principles in emergencies like this can be challenging, especially when ensuring the right to health and compliance with the basic human rights of criminals or their rehabilitation is necessary. Therefore, criminal policymakers should identify technological punishments and penal policies that are suitable for emergencies. They should create suitable grounds for achieving the goals of criminal justice in these circumstances. This article uses the descriptive-analytical method to explain Iran’s legal criminal policy towards criminals in the coronavirus era. It examines the principles of human rights and criminal principles that lead to appropriate legislative policies in upcoming events like COVID-19. The paper concludes that Iran’s legislative policy in emergencies like Corona is severe punishment of criminals to maintain the psychological safety of society. However, it also seeks to rehabilitate the criminals.

미국 대배심 제도의 현황 및 개선 논의

Rendering the right decision in the investigation and indictment procedure is pivotal in achieving criminal justice. To that end, all nations by various means seek to accomplish this goal. Examples of this would include nations endowing exclusive charging authorities to the prosecutor while others allow lay citizens to participate in the actual procedure. Citizen participation always carries the risk of undermining the efficacy of the criminal justice system but it can also facilitate the average citizen's understanding of and increase trust in the system. Historically, the grand jury has been the institution by which citizens can play an active role in the investigation and charging process. Beginning in the colonial period, the American grand jury protected the citizen's right in investigation and charging procedure and served as a check on the validity and efficacy of public functions. Despite much doubt regarding the objectivity of the grand jury as a mere organ of the prosecution as well as concern about its efficiency, its role has for the most part proved to be positive. The grand jury by taking part in the actual investigation and then deciding whether or not to indict has been a check on the power of the police and prosecution in major cases. In the United States the grand jury operates in different forms. Some jurisdictions require grand jury indictments for felonies while others make them optional. In addition, there are many variations among jurisdictions in ensuring procedural rights in grand jury procedures. However, basic procedures such as beginning an investigation by way of subpoena and reaching indictment decisions through jury deliberations remain common. In the United States, the necessity for grand jury reform such as enhancing jury independence and ensuring procedural rights of the witness and defendant have long been and continues to be proposed. The mere separation of investigative power from charging power can hinder efforts in achieving criminal justice goals. Using the American model as a base for our nation, it would be expedient to allow for different organizations to exercise these powers independently. Furthermore, policies in which citizens can take on decisive roles in the investigation and charging process must be established and efforts to improve continue. By careful study of the various grand jury models in the United States, Korea has a good foundation in which to develop a grand jury model that would be most suitable to our nation. Specifically a model that would allow for optional grand jury indictments and where procedural rights are ensured.

Mindsets of criminality: predicting punitive and rehabilitative attitudes

ABSTRACT Should the goal of criminal justice be to make sure offenders get their ‘just deserts’? In the current work, we investigate why some people believe that criminal offenders should be punished. The primary goal is to explore how mindsets about the nature of criminal behavior predict punitive and rehabilitative attitudes. Drawing on the Double-Edged Sword (DES) model of mindsets in stigmatized domains, we predicted that mindsets about the relative changeability (growth mindsets) or stability (fixed mindsets) of criminality will have contradictory indirect effects on these attitudes. Across three preregistered studies (N = 1,089), in addition to finding that growth mindsets overall predicted less punitive attitudes, we found support for the DES model. That is, growth mindsets indirectly predicted less punitive and more rehabilitative attitudes via reduced essentialist thinking but stronger punitive and weaker rehabilitative attitudes via greater blame. Our findings extend the DES model to the domain of criminality, suggest avenues for additional research, and offer applications for fostering growth mindsets that keep the benefits without the costs.

Social cohesion, mutual efficacy and informal social control: Collective efficacy and community-based crime prevention

Collective efficacy, which examines how social cohesion is activated in communities as informal social control, is a commonly used framework for community-based crime prevention. Previous research suggests that mutual efficacy, defined as group members’ perceptions that collective action can be successful, mediates the relationship between social cohesion and informal social control. However, previous research was limited in its measurement of mutual efficacy. The present study examines how mutual efficacy can facilitate participation in community-based crime prevention using a newly developed mutual efficacy scale. Findings suggest that social cohesion, mutual efficacy, and informal social control are distinct, though positively correlated constructs. Mutual efficacy partially mediates the relationship between social cohesion and informal social control. Findings suggest that building social cohesion and raising mutual efficacy are key goals for community-based crime prevention. Thus, practitioners should blend community practice principles with criminal justice goals to increase the effectiveness of interventions.

A broken system? Examining the perilous state of quality assurance in crime scene practice

Quality assurance in crime scene practice is an underdeveloped and underexamined field despite the cruciality attributed to scene work in achieving criminal justice goals. Formulation of robust strategies has been a shortcoming of oversight bodies, with a marked history of failure to address scene-specific requirements. This paper explores quality assurance mechanisms in the United Kingdom (UK) in order to uncover the longstanding status quo, and sustained challenges facing quality control regimes both on an organisational and personal level. Recommendations on a change in policy, implementation and philosophy are examined to assist with the formulation of effective quality assurance schemes in crime scene practice and align it closer to its laboratory counterparts.

After the Crime

Although an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision makers in the criminal justice system. Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive post-offense conduct that merit special recognition and preferential treatment: the responsible offender, who avoids further deceit and damage to others during the process leading to conviction; the debt-paid offender, who suffers the full punishment deserved (according to true principles of justice rather than the sentence actually imposed); the reformed offender, who takes affirmative steps to leave criminality behind; and the redeemed offender, who out of genuine remorse tries to atone for the offense. The essay considers how one might operationalize a system for giving special accommodation to such offenders. Positive post-offense conduct might be rewarded, for example, through the selection and shaping of sanctioning methods, through giving preference in access to education, training, treatment, and other programs, and through elimination or restriction of collateral consequences of conviction that continue after the sentence is completed.

Introducing Victim Impact Statement in India: Reconceptualizing Victim Status

The right to fair trial is inherent in the concept of due process of law, which now forms part of Article 21 of Indian Constitution after the Maneka Gandhi judgement. Pertinently attached with the same comes the responsibility of the criminal system to treat victims with increased awareness and sensitivity. However, the established convention shows that in planning and developing administration of criminal justice, proper attention is not given to the victims of crime in achieving goals of criminal justice; the major cause of it being that a victim is heard only as a witness not as a victim. A credible response to the said issue has emerged in the form of victim impact statement (VIS) in the modern legal system across the world. With that being said, the researchers through this article try to deduce the need for incorporating a VIS in India through the various jurisprudential understandings of what it means to be a victim, including the gap between the subjective experience of the sufferer and the interpretation of the same by others, and what restorative justice would mean to heal a victim. Establishing upon the same premise of victim status, the researchers try to suggest that the introduction of VIS, with the primary purpose of it being a therapeutic tool and not an instrument of changing the course of justice, will serve to make us reconsider our contours of a ‘victim’.

Reflections on the Warren Court's Criminal Justice Legacy, Fifty Years Later: What the Wings of a Butterfly and a Yiddish Proverb Teach Me

I reflect on the criminal justice legacy of the Warren Court, which ended approximately a half-century ago. I ask: How much of the law and values that Earl Warren and his colleagues transmitted to us remain a part of our constitutional fabric today? Put more bluntly, was the Warren Court successful or a failure in meeting its criminal justice goals? As I see it, the goal of Earl Warren and his most progressive colleagues during his 15+ years on the high court was to reshape the criminal justice system by placing restrictions on those with the greatest power, primarily the police and prosecutors, and by providing greater rights to the rest of us (particularly the most vulnerable amongst us) when we are confronted by the awesome power of government in our homes, streets, police stations, and courts. If those were, indeed, the amorphously described criminal justice goals of the Warren Court, and if we are evaluating it by looking at where we are today in regard to those goals, I am forced to conclude that the Warren Court was to a significant extent a failure. And yet, as the title of this article hopefully suggests, there may be another way to look at the Warren Court’s efforts. Indeed, I will ultimately conclude that, at least for civil libertarians, we owe a debt to Earl Warren and his Court.

After the Crime: Rewarding Offenders’ Positive Post-Offense Conduct

While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system. Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive post-offense conduct that merit special recognition and preferential treatment: the responsible offender, who avoids further deceit and damage to others during the process leading to conviction, the debt-paid offender, who suffers the full punishment deserved (according to true principles of justice rather than the sentence actually imposed), the reformed offender, who takes affirmative steps to leave criminality behind, and the redeemed offender, who out of genuine remorse tries to atone for the offense. The essay considers how one might operationalize a system for giving special accommodation to such offenders. Positive post-offense conduct might be rewarded, for example, through the selection and shaping of sanctioning methods, through giving preference in access to education, training, treatment, and other programs, and through elimination or restriction of collateral consequences of conviction that continue after the sentence is completed.

The Implications of Overcrowding for Fostering Prisoners in Prison: Management and Systems Problems

The problem of overcrowding stems from the overcrowding capacity of the Penitentiary, thus raising various problems and relegating correctional goals to a forgotten concept. Against this backdrop, the current study is aimed at determining the implications of correctional overcrowding of prison institutions in the process of fostering inmates and finding solutions in order to improve management and correctional systems in the future. This study adopts a normative approach using qualitatively analyzed secondary data. The results show that the overcrowding problem has seriously adverse implications for coaching programs, causing illness, triggering disturbances between prisoners, burdening state finances each year, and transferring prisoners to other prisons, which, in turn, makes it difficult for families to visit inmates. These problems are preventing the coaching process from achieving the goal of criminal justice. Efforts to overcome the problem of overcrowding include reducing the use of imprisonment sanctions and making replacements in the form of other sanctions that have deterrent power, building new buildings accompanied by facilities that support the basic needs of prisoners, reforming management or a system starting from strengthening the prison officers' integrity, improving the quality of coaching programs, and ensuring welfare of officers.

Valuing Emotions in Punishment: an Argument for Social Rehabilitation with the Aid of Social and Affective Neuroscience

Dominant approaches to punishment tend to downplay the socio-emotional dimension of perpetrators. This attitude is inconsistent with the body of evidence from social and affective neuroscience and its adjacent disciplines on the crucial role of emotions and emotion-related skills coupled with positive social stimuli in promoting prosocial behavior. Through a literature review of these studies, this article explores and assesses the implications that greater consideration of emotional and social factors in sentencing and correctional practices might have for conventional punitive approaches to crime. It argues that proper attention to these factors within the judgment of offending can challenge the tenets of dominant punitive ideologies and responses to crime. It further emphasizes the higher rationality and effectiveness of a paradigm of justice that aims for the social reintegration of perpetrators through a path to self-reform and change that is based on relational and inclusionary processes in the least confining environments possible to still ensure public safety. Hence, this article supports the pursuit of social rehabilitation as the ultimate goal of criminal justice.

THREE MODELS OF NATIONAL CRIMINAL POLICY IN THE CONTEXT OF GLOBALIZATION

The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. Identification of the model of criminal policy in a particular state is a complex task that requires independent research.The subject. The article is devoted to modeling of the national criminal policy in modern conditions of globalization. The article discusses various models of criminal policy in the conditions of globalization.The purpose of the author is to describe the basic models of national criminal policy in modern conditions of globalization.The methodology. The author uses the method of analysis and synthesis, formal legal method as well as sociological methods (survey).The results, scope of application. The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. The sovereign model is based on doctrine of weak state and a strong combat criminal activity. It is distinguished by the pursuit of the realization of the equality of all before the law, criminal strategic and political planning system with a clear definition of goals and objectives; criminological security. The reform of criminal policy is characterized byuncertainty goals and objectives, utopianism and pretentiousness, dependence on standards of the international organization, the lower prestige of criminology, reduction of social programs, lobbying of group interests, permanent amendments to the criminal and criminal procedure legislation. Experimental model of criminal policy is connected with approbation of such technologies of management of society that are criminal and contrary to human experience in fighting crime.Conclusions. Criminal policy of the various states tends by globalist influence more or less. The desire for sovereignty in every sphere, including criminal justice, results the imposition of sanctions by the globalist structures. Reformist penal policy expresses the loss of a strategic, informed criminological development goals of criminal justice, and, as a rule, corresponds to the group, not the public interest. Experimental criminal policy demonstrates a high rate of development and takes a growing place in the globalist projects with an anti-Russian content.

Exemptions from punishment in China and Thailand from the perspective of the theory of Leon Petrazycky

This paper compares legislative provisions of Chinese and Thai laws pertaining to exemptions from punishment. These exemptions must be distinguished from the exemptions from criminal liability. In the latter case, Chinese and Thai courts cannot inflict punishment on a person who is justified or excused in committing an act otherwise defined as a crime. In contrast, an exemption from punishment is granted by courts as an exercise of discretionary powers. Chinese and Thai laws bear similar characteristics in defining the exemptions from criminal liability, but differ significantly in the scope of discretionary powers of courts to exempt from punishments. Chinese law allows judges to have more discretion in not imposing penalties on an offender than Thai law does. The reason for the difference lies in a greater openness of Chinese law to moral considerations to be played in sentencing practices. Thai law is much more influenced by the philosophy of legal positivism. These similarities and differences are discussed in the light of the theory of Leon Petrazycki. It is argued that Petyrazycki’s concept of intuitive law as attributive imperatives is important in explaining and justifying the powers of the court not to inflict punishment if it meets the goals of criminal justice. From the viewpoint of the theory of Petrazycki, Chinese law can accommodate better the intuitive law of the public to the exigencies of various social situations. However, Petrazycki’s theory alone cannot override many reasons against giving judges extensive powers to apply their intuitive laws to exempt offenders from punishment. There is a plurality of psychological imperatives which may conflict with each other. To resolve those conflicts, it is necessary to draw on the idea of natural law. Even though Petrazycki did not explicitly argue for the existence of the natural law, its existence can be drawn from common psychological imperatives as well as from a striking similarity between various systems of criminal law in such diverse countries as China and Thailand. Many of the legal provisions of their laws display certain common legal paradigms that cannot be only accounted for by the adoption of the Western legal concepts.

Predictors of Linkage to and Retention in HIV Care Following Release from Connecticut Jails and Prisons

BackgroundOne in six people living with HIV (PLH) in the USA transition through prison or jail annually. During incarceration, people may engage in HIV care, but transition to the community remains challenging. Linkage to care (LTC) post-release and retention in care (RIC) are necessary to optimizing HIV outcomes, but have been incompletely assessed in prior observational studies.MethodsWe created a retrospective cohort of all PLH released from a Connecticut jail or prison (2007–2014) by linking Department of Correction demographic, pharmacy, and custody databases with Department of Public Health HIV surveillance monitoring and case management data. We assessed time to LTC, defined as time from release to first community HIV-1 RNA test, and viral suppression status at time of linkage. We used generalized estimating equations to identify correlates of LTC within 14 or 30 days after release. We also described RIC over three years following an initial release, comparing recidivists to non-recidivists.ResultsAmong 3,302 incarceration periods from 1,350 unique PLH, 21% and 34% had LTC within 14 and 30 days, respectively, of which >25% had detectable viremia at time of linkage. Independent correlates of LTC at 14 days included incarceration periods >30 days (adjusted odds ratio [AOR] = 1.6; P < 0.001), higher medical comorbidity (AOR = 1.8; P < 0.001), antiretrovirals prescribed before release (AOR = 1.5; P = 0.001), transitional case management (AOR = 1.5; P < 0.001), re-incarceration (AOR = 0.7; P = 0.002) and conditional release (AOR = 0.6; P < 0.001). The 30-day model additionally included psychiatric comorbidity (AOR = 1.3; P = 0.016) and release on bond (AOR = 0.7; P = 0.033). Among 1,094 PLH eligible for 3-year follow-up, RIC after release declined over 1 year (67%), 2 years (51%) and 3 years (42%). Recidivists were more likely than nonrecidivists to have RIC but, among those retained, were less likely to be virally suppressed (Figure 1).ConclusionFor incarcerated PLH, both LTC and RIC as well as viral suppression are suboptimal after release. PLH who receive case management are more likely to have timely LTC. Targeted interventions and integrated programming aligning health and criminal justice goals may improve post-release HIV treatment outcomes.Disclosures All authors: No reported disclosures.

The Role of State Attorney General in Prevention of Crime Occurrence

Nowadays, wide span and diversity of new types of crime have provoked a social crisis. To prevent the crime, various reactions have been revealed in different societies. However, such responses are originated in retributive and intimidation thoughts. Public opinion and lack of knowledge in properly treating with crimes have been the main reasons why governments tend to repressive reactions, while prevention of crime occurrence topics should be considered in the first priority of crime policies of countries. Attorney general’s appearance in prevention realm is complicated and sensitive and deemed as a most challenging subject. Because he in charge of public prosecutor is the keeper of individuals, social, government, people’s benefits and guardian of social security. But his range of intervention is under question and is a serious and challenging argument. The present study aims to know the different kinds of challenges and available solutions in the light of explaining the dissuasive methods and also to prevent the increasing of crimes number and social security threat by the most effective tools and prevention methods and perform our duties favorably and properly in accordance with meet the needs of criminal justice goals. The method used in this study is analytic-descriptive and is prepared using library valid documents and books. We conclude that in social prevention level, the governmental organizations are not the only effective and responsible but by considering international experiences in performing patterns of prevention management, it seems that performing prevention plans through social institutions and NGOs (particularly in social prevention)is highly effective in crime occurrence prevention.

Monitoring and Evaluation of Human Trafficking Partnerships in England and Wales

In the United Kingdom, human trafficking and, more recently, modern slavery has been pushed up the political and policy agenda. At the same time, partnership working has been promoted at international and national levels in order to encourage a more holistic response to trafficking. This article examines the nature of the evidence collected to monitor and evaluate the activities and outcomes of organisations involved in a number of human trafficking partnerships in England and Wales. Underpinning this analysis is the ‘4 Ps’ approach to tackling human trafficking: Prevention, Protection, Prosecution and Partnership. Based on interviews with a variety of actors working in different partner bodies, limitations of evidence in relation to both monitoring activities as well as evaluating outcomes emerged. These relate to inadequate data collection, lack of robust methods of data collection, untested assumptions, the complexity of gathering evidence which reflect human welfare oriented goals, and the sharing of evidence between partner organisations. A key finding is that current data and methods of data collection are inadequate for the purpose of measuring the effectiveness of anti-trafficking initiatives and partnerships. Another key finding is the way in which partnerships challenged received outcomes and expanded their focus beyond victims of trafficking or criminal justice goals. Finally, I explore whether criminal justice outcomes can be leveraged to foster deterrence, by interrogating what evidence might be needed.

Time and Crime: Which Cold-case Investigations Should Be Reheated?

Advances in forensic techniques have expanded the temporal horizon of criminal investigations, facilitating investigation of historic crimes that would previously have been considered unsolvable. Public enthusiasm for pursuing historic crimes is exemplified by recent high-profile trials of celebrities accused of historic sexual offences. These circumstances give new urgency to the question of how we should decide which historic offences to investigate. A satisfactory answer must take into account the ways in which the passage of time can erode the benefits of criminal investigation, the costs associated with investigating old crimes, and the need to prioritize investigations in the face of limited police resources. This article emphasizes the first of these factors. It begins by considering the moral goals of a criminal justice system and the contribution of criminal investigations to the achievement of these goals, distinguishing between contributions that depend on further steps in the criminal justice process, such as prosecution and punishment, and contributions that can have value independently of these further steps. Using this important distinction, the article then examines a range of factors that relate the passage of time to criminal justice goals, including the seriousness of the crime; deterioration of evidence; death of the offender, victim and others affected by the crime; and diminished psychological connectedness between those affected by the crime and their current selves. While the range and non-uniformity of relevant factors preclude a simple answer to the question of when historic crimes should be investigated and call instead for case-by-case assessment, we find that the analysis does support some general conclusions that can guide such an assessment.

Transnational Cooperation in Criminal Matters and the Right to a Fair Trial: From International Norms to Thailandds Practice

To achieve the goal of criminal justice, the criminal proceedings must respect the right of the accused to a fair trial recognized by international human right instruments, in particular, the International Covenant on Civil and Political Rights (ICCPR). The right to a fair trial must be guaranteed along the whole process of criminal proceedings not only in the proceeding in one single state but also in the trans-border criminal proceedings. Thailand is a party to the ICCPR, thus a right to a fair trial has been recognized by the provisions of the Constitution of the Kingdom of Thailand as well as the Criminal Procedure Code. However, the decision delivered by the Constitutional Court in the year 2013 held that Section 41 of the Act on Mutual Assistance in Criminal Matters B.E.2535 which provides the Court to consider all evidence derived under the Act violates the right of the accused to a fair trial guaranteed by the Constitution. The study of the practices of Court, in particular, the European Court of Human Rights (ECtHR) shall be conducted to evaluate the practice of the Constitutional Court with regard to the right to a fair trial through transnational cooperation in criminal matters.