The Populist Party opposes the Senate's amendments to the Compensation for Victims Bill, citing impacts on the rights to remedy for defendants or accused persons wrongfully made scapegoats in criminal cases. They stress the need to establish a joint parliamentary committee to discuss and revise the bill to align with its original intent.
On 2 July 2026, Nattawut Buapradum, party-list MP of the Populist Party and former deputy chairman of the special committee reviewing the draft Compensation for Victims and Compensation and Expenses for Defendants in Criminal Cases Act (draft version...), gave an interview on the progress of the bill's review. He noted that after the Senate approved amendments, the bill was sent back to the House of Representatives and scheduled for consideration on Thursday, 2 July 2026. While the changes may seem minor at first glance, a deeper examination reveals they affect a key principle of compensating defendants or accused persons who were detained or imprisoned but later found not guilty, had charges dropped, or were acquitted by the court—cases reflecting errors in the justice process. The amended wording and increased proof burden negatively affect compensation and conflict with the original intent passed by the House.
In the Senate-approved draft, wording was amended in four sections among sixteen. For example, Section 7 amended Section 6/1 by adding the phrase that compensation requires "reasonable belief" that the accused did not commit the offense or that the act was not a crime. Similarly, in Section 9, a new Section 19/1 was added. The phrase about immediate compensation to victims or defendants when prosecutors drop charges or courts acquit was removed. Other amendments touched Section 19/2, Section 10, Section 20, and adjusted deadlines for filing claims by victims, accused, defendants, or heirs, differing from the House's draft.
"When punishing anyone, we refer to the legal maxim that it's better to release ten guilty persons than to wrongly punish a single innocent one. However, the Senate's amendments increase the proof burden on defendants who were detained or imprisoned and later released because they were innocent by adding the phrase 'reasonable belief.' While it may sound reasonable, it effectively shifts the proof burden onto them rather than focusing on compensation. We must acknowledge that many wrongful arrests and prosecutions occur. If changes are needed, we should address errors at the start of the justice process rather than shifting the burden onto those we must compensate," Nattawut said.
Furthermore, being detained or imprisoned directly impacts rights beyond personal liberty. Some lose jobs, income, face health issues, family problems, and lose dignity in their own eyes and among others. When released due to innocence, they deserve compensation from the state and its processes—an agreed principle between the House and Senate. Yet, the Senate's removal of immediate compensation to such defendants, even at the current rate of 500 baht per day of detention, directly harms their rights.
"Although the Senate's amendments maintain the principle of extending compensation to victims, accused, or defendants entitled to it, some changes appear well-intentioned but affect key details or citizens' rights. Coupled with public distrust in the justice system, the House's rejection of these amendments and formation of a joint committee between the two chambers seems the best solution. This would honor the law's intent and genuinely protect the people's rights," said the Populist Party representative. Nattawut concluded his remarks.