Abstract:
The fact of being an official is provided by law in order to have duty or duties on his functions. As a matter of fact, the exercise of an officials functions is the functions of the State towards her citizens. So we can compare the status of an official as the States machine to perform the States duties. In performing the said duties there might be some reaction or non-cooperation on the part of injury person or sometimes an official may resort to fraudulent practices in the use of authority invested in him. Besides having authority, an official is controlled and protected by law, especially in Thai Penal Code, which hold that both offences against officials or malfeasance in office are illegal. However, it can be said that there is no definition of Official in the Thai Penal Code, so it is the burden of the Court to interpret the characteristics of an official and the Supreme Court clarifies the definition into three aspects. (1). When it is clearly provided by law that one is an official. (2). When it is apparent from the function provided by law that one is an official. (3).When there is a legal appointment to exercise function as an official. Inspite of the rules laid by the Supreme Court, but there is no written law on the definition of an official so the rules of the Supreme Court may be changed depending on the circumstances. Moreover, not every official is controlled and protected by law, but consideration must also be given to the factor of Function otherwise the liability of an official is like that of an ordinary person, so the study of an officials functions is very necessary especially in offences relation to public administration, and offences against judicial officials.