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13 January 2010

National Justice Administration Development Act
B.E. 2549 (2006)

Bhumibol Adulyadej, Rex
Given on the 3rd day of March B.E. 2549
Being the 61st year of the Present Reign

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that, Whereas it is deemed expedient to have a law on national justice administration development;

Be it, therefore, enacted by H.M. the King, by and with the advice and consent of the Parliament, as follows:

Section 1. This Act shall be called the “National Justice Administration Development Act, B.E. 2549”

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.

Section 3. In this Act:
“Justice Administration” means practices and operations concerning the provision of justice; the prevention and solving of crime; safeguarding security of life and property; the protection of the rights and liberties of the people; the enforcement of the law; and assistance for people in their encounters with the justice system, with the exception of the independent authority of the Court in the trial and adjudication, as well as the operation of other independent agencies in accordance with the Constitution;

“Commission” means the National Commission for Justice Administration Development:

“Office” means the Office of Justice Affairs;

“Minister” means the Minister in charge of this Act.

Section 4. Implementation of this Act shall not prejudice the independent authority and the administration of the Court or other independent agencies in accordance with the Constitution, or the exercise of power in accordance with the law by agencies concerned.

Section 5. The Minister of Justice shall be in charge of this Act.

Chapter 1
National Commission for Justice Administration Development

Section 6. There shall be a National Commission for Justice Administration Development, comprised of the Prime Minister, or the Minister entrusted by the Prime Minister, as the Chairperson; the Minister of Justice as the Vice-chairperson; the Permanent Secretary for Finance, the Permanent Secretary for the Interior; the Permanent Secretary for Justice; the Permanent Secretary for Information and Communication Technology; the Attorney General; the Judge Advocate General; the Police Commissioner-General; the Secretary-General of the Office of the Council of State; the Secretary-General of the National Counter Corruption Commission; the Secretary-General of the Anti-Money Laundering Office; the Secretary-General of the Office of the Narcotics Control Board; the Secretary-General of the Office of the National Economic and Social Development Board; the Secretary-General to the Prime Minister; the Secretary-General of the Administrative Court; the Secretary-General of the Office of the Judiciary; the Secretary-General of the Thai Bar; the President of the Lawyers’ Council of Thailand; a Dean of the Faculty of Law, or equivalent, of all State higher education institutions being elected among themselves to be one in number; a Dean of the Faculty of Law, or equivalent, of all private higher education institutions being elected among themselves to be one in number; a representative of the Ministry of Justice; a representative of the Civil Service Commission; a representative of the Bureau of the Budget; and three qualified persons appointed by the Cabinet as members.

The Director-General of the Office of Justice Affairs shall be the secretary.

The Commission shall appoint no more than two government officials from the Ministry of Justice as assistant secretaries.

Section 7. Qualified members, according to Section 6, must be selected from among persons with knowledge, expertise, or experience in the fields of criminology, sociology, psychology, economics, information technology, law, or other fields relevant to the development of the national justice system.

A qualified member shall hold a position for a term of four years. Upon vacating a position, a member may be re-appointed, but for no more than two consecutive terms.

During the time prior to the appointment of qualified members, the Commission shall consist of the existing members.
Section 8. Each qualified member must conform to the following qualifications and prohibitions:

(1) be of Thai nationality;
(2) be not less than thirty-five year of age;
(3) not be a political official; a member of a local assembly or local
administrator; a committee member or holder of other managerial position in a political party; a member or officer of a political party;
(4) not be a government official holding a permanent position or receiving a salary, with the exception of a government official or employee holding the post of university lecturer;
(5) not be an incompetent or quasi-incompetent person;
(6) not be a bankrupt person;
(7) never have been sentenced to imprisonment by a final judgment, whether executed or not, except where an offence was committed through negligence or was a petty case.

Section 9. Other than retirement on the expiration of the term under Section 7, a qualified member shall be discharged from the position upon:

(1) death;
(2) resignation;
(3) lack of qualifications or falling under any of the prohibitions as prescribed in Section 8;
(4) being removed by the Cabinet.

In the case where a member is discharged prior to the expiration of term, the Cabinet may appoint another person to fill the position. A member appointed to fill such a vacant position shall remain in office for the remaining term of the replaced member.

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