Thailand Constitution of the Kingdom Sections (200-247)
CHAPTER 11
CONSTITUTIONAL COURT
Section 200. The Constitutional Court consists of nine judges of the Constitutional Court appointed by the King from the following persons:
(1) three judges in the Supreme Court holding a position not lower than Presiding Justice of the Supreme Court for not less than three years elected by a plenary meeting of the Supreme Court;
(2) two judges of the Supreme Administrative Court holding a position not lower than judge of the Supreme Administrative Court for not less than five years elected by a plenary meeting of the Supreme Administrative Court;
(3) one qualified person in law obtained by selection from persons holding or having held a position of Professor of a university in Thailand for not less than five years, and currently having renowned academic work;
(4) one qualified person in political science or public administration obtained by selection from persons holding or having held a position of Professor of a university in Thailand for not less than five years, and currently having renowned academic work;
(5) two qualified persons obtained by selection from persons holding or having held a position not lower than Director- General or a position equivalent to a head of government agency, or a position not lower than Deputy Attorney- General, for not less than five years.
In the case where the Presiding Justice of the Supreme Court cannot be elected under (1), the plenary meeting of the Supreme Court may elect a person from those who have held a position not lower than Judge in the Supreme Court for not less than three years.
The period under paragraph one shall be counted to the date of election or the date of application for selection, as the case may be. In a case of unavoidable necessity, the Selection Committee may announce a decrease of the period of time under paragraph one or paragraph two, but the decrease shall not result in a period of less than two years.
Section 201. A judge of the Constitutional Court shall also possess the qualifications as follows:
(1) being of Thai nationality by birth;
(2) being not less than forty-five years and not reaching sixty-eight years of age as from the date of election or the date of application for selection;
(3) having graduated with not lower than a Bachelor’s degree or its equivalent;
(4) being of evident integrity;
(5) being sufficiently in good health to perform duties efficiently.
Section 202. A judge of the Constitutional Court shall not be under any of the prohibitions as follows:
(1) being or having been a judge of the Constitutional Court or holding a position in any Independent Organ;
(2) any of the prohibitions under section 98 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (17) or (18);
(3) having been sentenced by a final judgment to imprisonment, except for the case of an offence committed through negligence or a petty offence;
(4) being or having been a Member of the House of Representatives, a Senator, a political official, or a member of a local assembly or local administrator at any time during the period of ten years before election or application for selection;
(5) being or having been a member or holder of other position in a political party at any time during the period of ten years before election or application for selection;
(6) being a government official holding a permanent position or receiving salary;
(7) being an official or employee of a State agency, State enterprise or local government organization or a director or adviser of a state agency or State enterprise;
(8) holding any position in a partnership, a company or an organization carrying out business with a view to making and sharing profit or income, or being an employee of any person;
(9) engaging in an independent profession;
(10) being involved in circumstances which constitute a serious violation or failure to comply with ethical standards.
Section 203. In the case where a person suitable for appointment as a judge of the Constitutional Court must be selected, it shall be the duty and power of the Selection Committee which consists of:
(1) President of the Supreme Court as Chairperson;
(2) President of the House of Representatives and Leader of the Opposition in the House of Representatives as members;
(3) President of the Supreme Administrative Court as member;
(4) persons appointed by the Independent Organs, from persons who have the qualifications under section 201, are not under any of the prohibitions under section 202, and have never performed any duty in the Constitutional Court or Independent Organs comprising one person from each organ, as members.
In the case where there is no person holding a position of member of Selection Committee under (2) or the number of members under (4) is incomplete by any cause, the Selection Committee shall consist of its remaining members.
The Secretariat of the Senate shall perform duties as the administrative unit of the Selection Committee.
The Selection Committee shall carry out the selection of persons who are suitable for appointment as judges of the Constitutional Court according to rules, procedures and conditions prescribed in the Organic Act on the Procedures of the Constitutional Court.
In case where there is a question pertaining to the qualifications of an applicant, a person who has been elected or selected, it shall be the duty and power of the Selection Committee to consider the matter, and its decision shall be final.
In the selection process, the Selection Committee shall deliberate with a view to selecting a person having high responsibility, courage in performing duties, and ethical behavior that can be a good role model of the society. In addition to the process of announcement for application for the position, the Selection Committee may select persons who are generally suitable, provided that consent from such person must be obtained.
Section 204. A person who is elected or selected to hold the position of judge of the Constitutional Court must obtain the approval of the Senate with the votes of not less than one-half of the total number of the existing members of the Senate.
In the case where the Senate disapproves any selected or elected person, a new person shall be selected or elected and thereafter submitted to the Senate for approval.
After the selected or elected persons are approved by the Senate, they shall elect one amongst themselves to be the President of the Constitutional Court and inform the result to the President of the Senate.
The President of the Senate shall report to the King for appointment of the President and judges of the Constitutional Court and countersign the Royal Command.
Section 205. A person approved by the Senate to be a judge of the Constitutional Court who has not yet vacated office under section 202 (6), (7) or (8) or is still engaged in a profession under (9) , shall present evidence of resignation or termination from engaging in such profession under section 202 (6), (7), (8) or (9) to the President of the Senate within the period as provided by the President of the Senate, which shall be the period before the President of the Senate reports to the King under section 204 paragraph four. In case of failure to present evidence within such period, it shall be deemed that such person has waived his or her rights and a new person shall be selected or elected.
Section 206. In considering an approval under section 204, if the number of persons approved by the Senate is not fewer than seven persons, the approved persons shall elect one amongst themselves to be the President of the Constitutional Court and inform the President of the Senate of the result without awaiting the complete number of nine approved persons, and upon receiving Royal appointments, the Constitutional Court shall perform its duties and powers for the time being. During that period, the Constitutional Court shall be deemed to consist of number of the existing judges of the Constitutional Court.
Section 207. A judge of the Constitutional Court shall hold office for a term of seven years as from the date of appointment by the King and shall hold office for only one term.
Section 208. In addition to the vacation of office upon the expiration of term, a judge of the Constitutional Court vacates office upon:
(1) being disqualified under section 201 or being under any of the prohibitions under section 202;
(2) death;
(3) resignation;
(4) being seventy-five years of age;
(5) a resolution of the Constitutional Court by the votes of not less than threefourths of the total number of the existing judges of the Constitutional Court to remove such person from office on the ground of violation or failure to comply with ethical standards of the Constitutional Court;
(6) removal from office due to a cause under section 235 paragraph three. The President of the Constitutional Court who resigns shall also vacate the office of judge of Constitutional Court.
In the case where a judge of the Constitutional Court vacates office at the expiration of term, such judge of the Constitutional Court who vacates office shall remain in office to perform duties until a newly appointed judge of the Constitutional Court takes office.
In case where there is a question as to whether a judge of the Constitutional Court has vacated office under (1) or (3), it shall be duty and power of the Selection Committee under section 203 to make a decision.
A decision of the Selection Committee shall be final. A petition, petitioner, consideration, and decision under paragraph four shall be in accordance with rules and procedures prescribed in the Organic Act on the Procedures of the Constitutional Court.
Section 209. In the period during which a judge of the Constitutional Court has vacated office before the expiration of the term, and a judge of the Constitutional Court has not yet been appointed to fill the vacancy, the remaining judges of the Constitutional Court may continue to perform duties.
The provisions under paragraph one shall not apply when the remaining number of judges of the Constitutional Court is fewer than seven persons.
Section 210. The Constitutional Court has duties and powers as follows:
(1) to consider and adjudicate on the constitutionality of a law or bill;
(2) to consider and adjudicate on a question regarding duties and powers of the House of Representative, the Senate, the National Assembly, the Council of Ministers or Independent Organs;
(3) others duties and powers prescribed in the Constitution.
The submission of a petition and the conditions for submitting a petition, the consideration and adjudication, the rendering of a decision, and the operation of the Court, except as prescribed by the Constitution, shall be in accordance with the Organic Act on the Procedures of the Constitutional Court.
The provisions of section 188, section 190, section 191, and section 193 shall also apply to the Constitutional Court mutatis mutandis.
Section 211. A panel of judges of the Constitutional Court for hearing and rendering a decision shall consist of not fewer than seven judges.
A decision of the Constitutional Court shall be made by a majority of votes, unless otherwise prescribed by the Constitution.
In the case where the Constitutional Court accepts any case for consideration, any judge of the Constitutional Court may not refuse to adjudicate on the ground that the case does not fall under the jurisdiction of the Constitutional Court.
The decision of the Constitutional Court shall be final and binding on the National Assembly, the Council of Ministers, Courts, Independent Organs, and State agencies.
Section 212. In the application of a provision of law to any case, if a court by itself is of the opinion that, or a party to the case raises an objection with reasons that, such provision of law falls within the provisions of section 5 and there has not yet been a decision of the Constitutional Court pertaining to such provision, the court shall submit its opinion to the Constitutional Court for decision. During that time, the Court shall proceed with the trial, but shall temporarily stay its decision until a decision is made by the Constitutional Court.
In the case where the Constitutional Court is of the opinion that the objection of a party under paragraph one does not concern a matter which calls for a decision, the Constitutional Court may refuse to accept the case for consideration.
The decision of the Constitutional Court shall apply to all cases, but shall not affect final judgments of the Court, except in a criminal case where it shall be deemed that a person who has been convicted of a crime under a provision of law decided by the Constitutional Court as being unconstitutional under section 5 has never committed such offence, or where such person is still serving the sentence, he or she shall be released. However, this does not entitle such a person to claim for any compensation or damages.
Section 213. A person whose rights or liberties guaranteed by the Constitution are violated, has the right to submit a petition to the Constitutional Court for a decision on whether such act is contrary to or inconsistent with the Constitution, according to the rules, procedures and conditions prescribed by the Organic Act on Procedures of the Constitutional Court.
Section 214. In the case where a judge of the Constitutional Court must cease performing duties according to section 235 paragraph three, and there are fewer than seven judges remaining, the President of the Supreme Court and the President of the Supreme Administrative Court shall jointly appoint persons who possess the same qualifications and are not under any of the same prohibitions applicable to judges of the Constitutional Court to temporarily perform duties as judges of the Constitutional Court to complete the seat of nine judges. The appointed person shall perform duties as a judge of the Constitutional Court until the judge of the Constitutional Court who has been provisionally replaced is able to perform duties, or until a new judge is appointed to fill the vacancy.
CHAPTER 12
INDEPENDENT ORGANS
Part 1
General Provisions
Section 215. An Independent Organ is an organ established for the independent performance of duties in accordance with the Constitution and the laws.
The performance of duties and exercise of powers by an Independent Organ shall be honest, just, courageous, and without any partiality in exercising its discretion.
Section 216. In addition to the qualifications and the prohibitions specifically provided in the Part on each Independent Organ, a person holding a position in an Independent Organ shall have the general qualifications and not be under any of the general prohibitions as follows:
(1) being not less than forty-five years but not more than seventy years of age;
(2) having the qualifications under section 201 (1), (3), (4) and (5);
(3) not being under any of the prohibitions under section 202.
Section 217. In the case where a suitable person is to be selected for appointment to a position in an Independent Organ, with the exception of the National Human Rights Commission, it shall be the duties and powers of the Selection Committee under section 203 to undertake the selection; however, the members of the Selection Committee under section 203 (4) shall consist of persons appointed by the Constitutional Court and Independent Organs not being an Independent Organ requiring selection.
The provisions of section 203, section 204, section 205 and section 206 shall apply mutatis mutandis to the selection under paragraph one.
Section 218. In addition to the vacation of office upon the expiration of term, a person holding a position in an Independent Organ shall vacate office upon:
(1) death;
(2) resignation;
(3) lacking the general qualifications or being under any of the general prohibitions under section 216, or lacking the specific qualifications or being under any of the specific prohibitions under section 222, section 228, section 232, section 238 or section 246 paragraph two and under the laws enacted under section 246 paragraph four, as the case may be.
The provisions of section 208 paragraph two, paragraph three, paragraph four and paragraph five and section 209 shall apply mutatis mutandis to the vacation of office of a person holding a position in an Independent Organ.
In the case where a person holding a position in an Independent Organ has to cease performing duties under section 235 paragraph three, if the remaining members are less than one-half of total numbers, the provisions of section 214 shall apply mutatis mutandis.
Section 219. The Constitutional Court and Independent Organs shall jointly prescribe ethical standards applicable to the judges of the Constitutional Court and persons holding positions in the Independent Organs, including the Auditor- General and heads of the secretariat of the Constitutional Court and the Independent Organs, and the ethical standards shall come into force upon their publication in the Government Gazette. Such ethical standards shall include the upholding of honor and interests of the Nation, and shall also explicitly specify the type of violation or non-compliance of ethical standards which is of a serious nature.
In preparing the ethical standards under paragraph one, opinions of the House of Representatives, the Senate, and the Council of Ministers shall also be taken into consideration. Upon their promulgation, they shall apply to Members of the House of Representatives, Senators and the Council of Ministers. However, this does not preclude the House of Representatives, the Senate or the Council of Ministers from prescribing additional ethics suitable to its performance of duties and not contrary toor inconsistent with the ethical standards under paragraph one, and shall be published in the Government Gazette.
Section 220. Each Independent Organ, except the State Audit Commission, shall have an agency in charge of its administrative work, operational work and facilitating work, in order for the Independent Organ to accomplish the missions and duties prescribed in the Constitution and laws and in accordance with the resolution or direction stipulated by the Independent Organ. There shall be one head of agency appointed by the approval of the respective Independent Organ who is in charge of the administration of work of such agency and is directly accountable to the Independent Organ, as prescribed by law.
Section 221. In performing duties, the Independent Organs shall extend mutual cooperation and assistance with a view to achieving the goals in performance of the duties of each respective organ. If any Independent Organ is of the opinion that there is a person who commits an unlawful act which falls in the scope of duties and powers of another Independent Organ, the former Independent Organ shall notify the latter Independent Organ to take further action in accordance with its duties and powers.
Part 2
Election Commission
Section 222. The Election Commission consists of seven commissioners appointed by the King upon the advice of the Senate from persons as follows:
(1) five persons selected by the Selection Committee from persons who have knowledge and expertise in various academic fields that will be useful for administration and management of election in honest and just manner, and are of evident integrity;
(2) two persons selected by the plenary meeting of the Supreme Court from persons who have knowledge, expertise and experience in the field of law, are of evident integrity, and had held a position not lower than Chief Justice or a position not lower than Director-General of a State Attorney Department for a period of not less than five years.
The person who will be selected as an Election Commissioner under (1) shall have qualifications under section 232 (2), (3), (4), (5), (6) or (7) or shall be a person who works or had worked in the civil society sector for a period of not less than twenty years, as prescribed by notification of the Selection Committee.
Section 223. The Election Commissioners shall hold office for a term of seven years as from the date of appointment by the King, and shall serve for only one term.
During the period in which an Election Commissioner vacates office prior to the expiration of the term and an Election Commissioner has not yet been appointed to fill the vacancy, the remaining Election Commission may continue to perform duties. However, if there are fewer than four Election Commissioners remaining, the Election Commission may carry out only an act which is necessary and unavoidable.
Section 224. The Election Commission shall have the duties and powers as follows:
(1) to hold or arrange for the holding of an election of Members of the House of Representatives, a selection of Senators, an election of members of the local assembly and local administrators and a referendum;
(2) to control and supervise elections and selections under (1) to proceed in an honest and just manner, and control and supervise the holding of a referendum to proceed in a lawful manner; for this purpose, it shall have the power to conduct an investigation or inquiry as necessary or as deemed appropriate;
(3) where the result of an investigation or inquiry under (2) indicates, or an act is found with reasonable grounds for suspicion that an election or selection under (1) has not proceeded in an honest or just manner, or a referendum has proceeded in an unlawful manner, it shall have the power to suspend, withhold, rectify or cancel the election or selection or referendum, and to order the holding of a new election, selection or referendum in certain polling stations or every polling station;
(4) to temporarily suspend the right to stand for election of a candidate for an election or selection under (1) for a period of not more than one year where there is evidence to reasonably believe that such person has committed or has connived at the act committed by other persons which is dishonest or which causes the election or selection to not proceed in an honest or just manner;
(5) to supervise the operation of political parties to be in accordance with the law;
(6) other duties and powers under the Constitution or laws.
In conducting an investigation or inquiry under (2), the Election Commission may entrust an individual Election Commissioner with the execution thereof or entrust a group of persons with the execution thereof under the supervision of an Election Commissioner in accordance with the rules, procedures and conditions prescribed by the Election Commission.
Each Election Commissioner who witnesses a commission of an offence shall have the power to exercise the power under (3) in respect of the polling station or the constituency in which the commission of the offence is witnessed, in accordance with the rules, procedures and conditions prescribed by the Election Commission.
Section 225. Prior to the announcement of the result of an election or a selection, if there is evidence to reasonably believe that such election or selection has not proceeded in an honest or just manner, the Election Commission shall have the power to order a new election or selection to be held in such polling station or constituency. If the person who has committed such act is a candidate for the election or selection, as the case may be, or such person has connived at the act of other persons, the Election Commission shall temporarily suspend the rightof such person to stand for an election in accordance with the section 224 (4).
The order under paragraph one shall be final.
Section 226. When proceedings under section 225 are undertaken, or after announcing the result of an election or selection, if there appears evidence to reasonably believe that a candidate of the election or selection has committed a dishonest act in the election or selection or has connived at such act of other persons, the Election Commission shall submit a petition to the Supreme Court for an order to revoke the right to stand for election or the right to vote of such person.
The consideration of the Supreme Court under paragraph one shall be based upon the file of the investigation or inquiry of the Election Commission, and in the interest of justice, the Court shall have the power to order an inquiry for additional facts or evidence.
In the case where the Supreme Court has rendered a judgment deciding that the person under paragraph one has committed an offence as petitioned, the Supreme Court shall order the revocation of the right to stand for election or the right to vote of such person for a period of ten years, in accordance with the Organic Act on the Election of Members of the House of Representatives, or the Organic Act on Installation of Senators, as the case may be.
When the Supreme Court has ordered to accept the petition for consideration, if the accused is a Member of the House of Representatives or a Senator, that person shall cease performing duties until the Supreme Court renders a judgment deciding that he or she has not committed an offence. Upon conviction by a judgment of the Supreme Court, membership of the House of Representatives or the Senate of such person shall terminate as from the date of cessation of performance of duties.
A Member of the House of Representatives or Senator who ceases performing duties under paragraph four shall not be included in the total number of existing members of the House of Representatives or the Senate, as the case may be.
This section shall also apply mutatis mutandis to an election of members of the local assembly or a local administrator. However, the power of the Supreme Court shall vest in the Court of Appeal, and the order or judgment of the Court of Appeal shall be final.
The trial and adjudication of the Supreme Court or the Court of Appeal under this section shall be in accordance with the rules of the plenary meeting of the Supreme Court, which shall adopt the inquisitorial system, and shall be done in an expeditious manner.
Section 227. During the period in which a Royal Decree calling an election of Members of the House of Representatives or a selection of Senators or a Notification calling for a referendum is in force, no Election Commissioner shall be arrested, detained or summoned by a warrant for inquiry, except where permission of the Election Commission is obtained or where the arrest is made in flagrante delicto.
In the case where an Election Commissioner is arrested in flagrante delicto, or where an Election Commissioner is arrested or detained in other cases, a report shall be submitted forthwith to the Chairperson of the Election Commission, and the Chairperson shall have the power to order the release of the person so arrested, but if the Chairperson of the Election Commission is arrested or detained, the remaining Election Commission shall have the power to order a release.
Part 3
Ombudsmen
Section 228. There shall be three Ombudsmen appointed by the King upon the advice of the Senate from persons selected by the Selection Committee.
The selected persons must be persons with evident integrity and with knowledge and expertise, two of whom shall have experience related to the administration of State affairs in the position not lower than a Director- General or an equivalent head of government agency or a head of a State agency at least comparable to a department as prescribed by the Selection Committee, provided that they must hold such position for a period of not less than five years, and one of whom shall have experience in the operation of a public undertaking for a period of not less than twenty years.
Section 229. An Ombudsman shall hold office for a term of seven years as from the date of appointment by the King, and shall serve for only one term.
Section 230. The Ombudsmen have the duties and powers as follows:
(1) to recommend the relevant State agencies to revise any law, rule, regulations, rules or order or any operative procedure that causes grievance or unfairness or imposes an unnecessary or undue burden on the people;
(2) to conduct fact-finding when it is found that there is a person affected by grievance or unfairness arisen from non-compliance with the law or ultra vires acts of a state agency or State officials in order to recommend the relevant State agencies to eliminate or deter such grievance or unfairness;
(3) to submit to the Council of Ministers for acknowledgement that a state agency has not yet correctly and completely complied with Chapter 5 Duties of the State.
In the case where a relevant State agency has not implemented the recommendation of an Ombudsman under (1) or (2) without reasonable justification, the Ombudsman shall notify the Council of the Ministers to further consider the issuance of an order as deemed appropriate.
In proceeding under (1) or (2), if it is the case related to the human rights violation, the Ombudsmen shall refer the matter to the National Human Rights Commission for further action.
Section 231. In the performance of duties under section 230, an Ombudsman may refer a matter to the Constitutional Court or the Administrative Court upon making a finding as follows:
(1) where any provision of law begs the question of the constitutionality, the matter shall be referred together with an opinion to the Constitutional Court; the Constitutional Court shall consider and render a decision without delay in accordance with the Organic Act on Procedures of the Constitutional Court;
(2) where a rule, order or any other act of a State agency or a State official begs the question of the constitutionality or legality, the matter shall be referred to the Administrative Court; the Administrative Court shall consider and render a decision without delay in accordance with the law on establishment of Administrative Court and Administrative Court procedures.
Part 4
National Anti-Corruption Commission
Section 232. The National Anti- Corruption Commission consists of nine commissioners appointed by the King upon the advice of the Senate from persons selected by the Selection Committee.
The selected persons must be persons with evident integrity who have knowledge, expertise and experience in the field of law, accounting, economy, administration of State affairs or in any other field which is beneficial to the prevention and suppression of corruption, and shall have any of the qualifications as follows:
(1) serving or having served in the official service in a position not lower than Chief Justice, Chief Justice of the Administrative Court of First Instance, Chief Justice of the Central Military Court, or Director-General of a State Attorney Department for a period of not less than five years;
(2) serving or having served in the official service in a position not lower than a Director- General or an equivalent head of the government agency for a period of not less than five years;
(3) being or having been in a position of the chief executive of a state enterprise or other State agency which is not a government agency or a state enterprise for a period of not less than five years;
(4) holding or having held a position of professor in a university in Thailand for a period of not less than five years, and currently having renowned academic work;
(5) being or having been a practitioner of a profession certified by law who has regularly and continuously practiced the profession for a period of not less than twenty years up to the date of nomination, and having been certified by the professional organization of such profession;
(6) being a person with knowledge, expertise and experience in the field of management, public finance, accounting or enterprise management at the level of not lower than a chief executive of a public company limited for a period of not less than ten years;
(7) having been in the position under (1), (2), (3), (4) or (6) for a total period of not less than ten years.
The counting of the period of time under paragraph two shall be made up to the date of nomination or the date of the application for selection, as the case may be.
Section 233. The National Anti-Corruption Commissioners shall hold office for a term of seven years as from the date of appointment by the King, and shall serve for only one term.
During the period in which the National Anti-Corruption Commissioner vacates office prior to the expiration of term and a National Anti-Corruption Commissioner has not yet been appointed to fill the vacancy, the remaining Commissioners may continue to perform duties, unless the number of the remaining Commissioners is fewer than five persons.
Section 234. The National Anti- Corruption Commission has the powers and duties as follows:
(1) to conduct an inquiry and prepare opinion in case where there is an accusation that a person holding a political position, a judge of the Constitutional Court, a person holding a position in an Independent Organ or the Auditor- General is involved in circumstances of unusual wealth, commits an act of corruption, or deliberately performs duties or exercises powers in contrary to the provisions of the Constitution or the law, or seriously contravenes or fails to comply with the ethical standards, for further proceeding in accordance with the Constitution or the Organic Act on Anti-Corruption;
(2) to conduct an inquiry and decide whether a government official is unusually wealthy, has committed an offence of corruption, or malfeasance in public office or malfeasance in judicial office, for further proceeding in accordance with the Organic Act on Anti-Corruption;
(3) to require persons holding political positions, judges of the Constitutional Court, persons holding positions in the Independent Organs, the Auditor- General and State officials to submit an account showing particulars of assets and liabilities of themselves, spouse and children who have not yet become sui juris, and to inspect and disclose the results of the inspection of such accounts, in accordance with the Organic Act on Anticorruption;
(4) other duties and powers provided by the Constitution or the laws.
In the performance of duties under (1), (2) and (3), it shall be the duty of the National Anti- Corruption Commission to provide a measure or guideline that will enable efficient, prompt, honest and just performance of duties. In case of necessity, the National Anti- Corruption Commission may entrust the State agency whose duties and powers are related to the prevention and suppression of corruption to act on its behalf for the matter other than that of a serious offence or an act of a government official in certain level, or require competent officials of the secretariat of the National Anti- Corruption Commission to conduct preliminary investigation or inquiry in accordance with the rules, procedures and conditions prescribed in the Organic Act on Anti- Corruption.
Section 235. Subject to section 236, in the case where there is reasonable ground to suspect or there is an accusation that any person holding certain political positions as provided in the Organic Act on Anti- Corruption, judge of the Constitutional Court, person holding a position in an Independent Organ or the Auditor- General is involved in the circumstances under section 234 (1) , the National Anti- Corruption Commission shall inquire into facts; if a resolution that such person has been involved in the circumstances or has committed the offence as submitted by the inquiry is passed by votes of not less than one-half of the total number of the existing Commissioners that there are grounds in the accusation, the following proceedings shall be taken:
(1) in the case of serious contravention or non-compliance with the ethical standards, the matter shall be submitted to the Supreme Court for decision, and the provisions of section 226 paragraph seven shall apply mutatis mutandis to the trial and adjudication of the Supreme Court;
(2) in the case other than (1), the inquiry file shall be sent to the Attorney General for instituting projectionist Supreme Court’s Criminal Division for Persons Holding Political Positions or to proceed otherwise in accordance with the Organic Act on Anti-corruption.
In the conduct of an inquiry and passing of a resolution under paragraph one, the National Anti-Corruption Commission shall complete the proceedings within the period of time prescribed by the Organic Act on Anti-Corruption.
When the Supreme Court or the Supreme Court’s Criminal Division for Persons Holding Political Positions has accepted the case, the accused shall cease performing duties until a judgment is rendered, unless the Supreme Court or the Supreme Court’s Criminal Division for Persons Holding Political Positions has ordered otherwise. In the case where the Supreme Court or the Supreme Court’s Criminal Division for Persons Holding the Political Positions has rendered a judgment deciding that the accused is involved in the circumstances or has committed the offence as accused, as the case may be, the convicted person shall vacate office from the date the person ceases performing duties, and the Court shall revoke the right to stand for election of such person and may or may not revoke his or her right to vote for a period of not more than ten years.
Any person whose right to stand for election has been revoked in any case shall permanently have no right to stand for election or selection of Members of the House of Representatives, Senators, members of a local assembly or a local administrator, and shall have no right to hold any political position.
In the case where the Supreme Court’s Criminal Division for Persons Holding Political Positions has rendered a judgment convicting the person of an offence of unusual wealth or corruption, it shall forfeit assets of such person which are acquired from a commission of the offence, including all assets and any other benefits acquired in place of those assets, to be vested in the State
The consideration of the Supreme Court and the Supreme Court’s Criminal Division for Persons Holding Political Positions shall be based upon the inquiry file of the National Anti- Corruption Commission, and in the interest of justice, the Court shall have the powers to conduct an inquiry to obtain additional facts and evidence.
This section shall apply to the persons under section 234 (3) who intentionally fails to submit an account showing assets and liabilities or intentionally submit the same with false statements or conceals facts which should be disclosed, and is involved in circumstances where it could be reasonably believed that the person has intentionally not disclosed the source of the assets or liabilities mutatis mutandis.
Section 236. Members of the House of Representatives, Senators, or members of both House of Representatives and Senate comprising not less than one-fifth of the total number of the existing members of both Houses or persons having the right to vote comprising not fewer than twenty thousand persons shall have the rights to lodge with the President of the National Assembly a petition with reasonable evidence that any of the National Anti-corruption Commissioners has committed an act under section 234 (1). In case the President of the National Assembly is of the opinion that there are reasonable grounds to suspect that there has been an act as accused, the President of the National Assembly shall refer the matter to the President of the Supreme Court to appoint a panel of independent inquisitors from persons with political impartiality and evident integrity for conducting a fact- finding inquiry.
The qualifications, prohibitions, duties and powers, procedure of the inquiry, period of time for the inquiry and other necessary proceeding of the panel of independent inquisitors shall be as provided by law.
Section 237. When the inquiry is completed, the panel of independent inquisitors shall proceed as follows:
(1) if it is of the opinion that the accusation has no prima facie case, the accusation shall be lapsed, and such order shall be final;
(2) if it is of the opinion that the accused has seriously contravened or failed to comply with the ethical standards, the matter shall be referred to the Supreme Court for decision and the provisions of section 235 paragraph three, paragraph four and paragraph six shall apply mutatis mutandis;
(3) if it is of the opinion that the accused is involved in the circumstances as accused and it is not the case under (2), the inquiry file shall be sent to the Attorney-General for instituting prosecution in the Supreme Court’s Criminal Division for Persons Holding Political Positions, and the provisions of section 235 paragraph three, paragraph four and paragraph five shall apply mutatis mutandis.
Part 5
State Audit Commission
Section 238. The State Audit Commission consists of seven commissioners appointed by the King upon the advice of the Senate from the persons selected by the selection committee.
The selected persons must be persons with evident integrity who have knowledge, expertise and experience related to the State audit, law, accounting, internal audit, public finance and other fields which are beneficial to the state audit, for not less than ten years.
Section 239. The State Audit Commissioners shall hold office for a term of seven years as from the date of appointment by the King, and shall serve for only one term.
Section 240. The State Audit Commission shall have the duties and powers as follows:
(1) to set State audit policy;
(2) to prescribe standard rules relating to State audit;
(3) to oversee the State audit compliance with (1) and (2) and the law on financial and fiscal discipline of the State;
(4) to render advice, suggestion or recommendation on the spending of State funds to be in accordance with the law on financial and fiscal discipline of the State, including suggestion to the State agencies to correct defects in the spending of State funds;
(5) to order an administrative penalty in the case of a violation of the law on financial and fiscal discipline of the State.
The proceedings under paragraph one shall be in accordance with the Organic Act on State Audit.
A person punished by an order under (5) may appeal to the Supreme Administrative Court within ninety days as from the date of receipt of the order. The Supreme Administrative Court shall, in its consideration, take into account the State audit policy and standard rules relating to the State audit under (1) and (2).
Section 241. There shall be one Auditor-General appointed by the King upon the advice of the Senate and nominated by the State Audit Commission.
The Auditor-General shall have the same qualifications and shall not be under any of the same prohibitions applicable to the State Audit Commissioner.
A person nominated for appointment as Auditor-General shall be approved by the Senate with the votes of not less than one-half of the total number of existing members of the Senate, and the provisions of section 204 paragraph one, paragraph two and paragraph four and section 205 shall also apply mutatis mutandis to the appointment of the Auditor -General.
The selection, election and nomination of the Auditor- General shall be in accordance with the Organic Act on State Audit.
Section 242. The Auditor- General shall perform duties in a just and neutral manner, without any partiality in exercising discretion, and shall have duties and powers as follows:
(1) to audit State funds in accordance with the State audit policy and the standard rules related to State audit prescribed by the State Audit Commission, and in accordance with the law on financial and fiscal discipline of the State;
(2) to assess the outcomes and efficiency of the spending of funds by State agencies;
(3) to entrust officials to proceed under (1) and (2);
(4) to supervise and be responsible for the performance of duties of officials under (3).
Section 243. The Auditor-General shall be independent in performing duties, be accountable to the State Audit Commission, and be the highest superior official of the secretariat of the State Audit Commission.
The term of office, the vacation of office, and the performance of duties of the Auditor-General shall be in accordance with the Organic Act on State Audit.
Section 244. In the case where there is evidence to reasonably believe that the spending of State funds involves circumstances of corruption, or intentional performance of duties or exercise of powers which is contrary to the Constitution or laws, or may cause the election to not proceed in honest or just manner, and it is the case where the Auditor-General does not have the power to carry out any act, the Auditor- General shall notify the National Anti-Corruption Commission, the Election Commission or other relevant agencies, as the case may be, for information and to further proceed in accordance with its duties and powers.
In the proceedings of the National Anti- Corruption Commission, the Election Commission or other relevant agencies notified under paragraph one, it shall be deemed that the documents and evidence that have been examined or produced by the Auditor- General are an integral part of the inquiry file of the National Anti-Corruption Commission, the Election Commission or other agencies, as the case may be.
Section 245. For the purpose of ceasing or preventing the damage which may occur to State finance, the Auditor-General shall submit to the to the State Audit Commission to consider the result of the inspection of the act that is not in accordance with the law on financial and fiscal discipline of the State and may cause serious damage to State finance.
In the case where the State Audit Commission agrees with the result of the inspection, it shall consult with the Election Commission and the National Anti- Corruption Commission. If the joint meeting agrees with the result of the inspection, they shall jointly serve a notice in writing to the House of Representatives, the Senate and the Council of Ministers without delay, and the result of such inspection shall be disclosed to the public.
Part 6
National Human Rights Commission
Section 246. The National Human Rights Commission consists of seven commissioners appointed by the King upon the advice of the Senate from selected persons.
The selected persons must have knowledge and experience in the protection of rights and liberties of the people, and must be politically impartial with evident integrity.
The National Human Rights Commissioners shall hold office for a term of seven years as from the date of appointment by the King, and shall serve for only one term.
The qualifications, prohibitions, selection, and vacation of office of the National Human Rights Commission shall be in accordance with the Organic Act on National Human Rights Commission. However, the provisions on the selection shall also prescribe for the participation of representatives of private organizations relating to the human rights in the selection.
Section 247. The National Human Rights Commission shall have the duties and powers as follows:
(1) to examine and report the correct facts on violation of human rights in all cases without delay, and to suggest suitable measures or guidelines in order to prevent or redress human rights violation including the provision of remedy to the person affected by the violation of human rights to the relevant State agencies or private sector;
(2) to prepare a report on the result of evaluation of human rights situation of the country to submit to the National Assembly and the Council of Ministers, and to disseminate it to public;
(3) to render recommendation on measures or guideline for the promotion and protection of the human rights to the National Assembly, the Council of Ministers and relevant agencies, including the revision of any law, rule, regulation or order to conform to the principles of human rights;
(4) to explain and report the correct facts without delay when there is a report on human rights situation in Thailand which is incorrect or unfair;
(5) to promote awareness of the importance of human rights in every sector of the society;
(6) other duties and powers as provided by law.
Upon being informed of the report under (1) and (2) or the recommendation under (3), the Council of Ministers shall expeditiously make improvement and rectification as appropriate. If it is not possible or would take a certain period of time to proceed so, the Council of Ministers shall inform the reasons to the National Human Rights Commission without delay.
In the performance of duties, the National Human Rights Commission shall also take the happiness of Thai people and common interest of the country into consideration as important factor.
The English language translation is provided for research and educational purposes only.
Persons with legal problems in Thailand are advised to contact a licensed lawyer, Thailand Personal Injury and Accident Lawyers
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