Yingluck, prosecution, have wide scope for conviction appeal: Courts

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Yingluck, prosecution, have wide scope for conviction appeal: Courts

By The Nation

 

Under the new constitution, a convicted political office holder has a wider opportunity to appeal to the Supreme Court than was permitted under the previous constitution. They could appeal either the proven “facts” of the case or on the basis of a legal technicality, said Suebpong Sripongkul, spokesman for the Courts of Justice on Thursday.

 

Suebpong spoke after the Wednesday conviction of former premier Yingluck Shinawatra for dereliction of duty and malfeasance in preventing corruption in her government’s government-government rice deals. She was sentenced for five years without suspension.

 

Suebpong said the new charter included no prohibitions to bar an appeal by either the convicted defendant or the plaintiff.

 

Appeals can be launched challenging the Supreme Court’s findings of proven facts and on the basis of a legal technicality. The previous charter allowed an appeal only if there was new evidence submitted, Suebpong said.

 

The widening of appeals grounds originates through rights recognised under Article 25 of the new constitution, which states that any rights and freedom under the constitution can be exercised following the constitution’s spirit, when there is an absence of specific laws to the contrary.

 

Because the Supreme Court has not yet addressed specified legal procedures against political officer holders in a criminal case, both the convicted and the plaintiff have broad bases for appeal, said Suebpong. 

 

Meanwhile, the new law on criminal procedures against political office holders was promulgated on Thursday and put into immediate effect. A convicted person would now have to launch an appeal in person before the court rather than designate a lawyer to do so.

 

In the case of Yingluck, that could mean the former PM must attend the courtroom in person in the event that she wished to launch an appeal.

 

Yingluck fled the country two days prior to the original August 25 date for the Supreme Court ruling on her charges. The reading of the ruling was then delayed until this Wednesday. Few expected Yingluck to return for the event.

 

Yingluck is now living in Dubai, Prime Minister General Prayut Chan-o-Cha announced on Friday, citing his “spies” and unofficial sources in Dubai.

 

Source: http://www.nationmultimedia.com/detail/politics/30327928

 

-- © Copyright The Nation 2017-09-28

[Eric Loh]

Why even bother to appeal. The establishment will always win and can't be challenged. Haven't this been made clear. 

[scorecard]

4 minutes ago, Eric Loh said:

Why even bother to appeal. The establishment will always win and can't be challenged. Haven't this been made clear. 

 

And you ignore that the actual laws involved have been adjusted to be more appropriate. 

 

Contrary to your opportunistic comment, she / anybody can appeal. That fact has been mentioned in threads today.

 

 

[Eric Loh]

Just now, scorecard said:

 

And you ignore that the actual laws involved have been adjusted to be more appropriate. 

 

Contrary to your opportunistic comment, she / anybody can appeal. That fact has been mentioned in threads today.

 

 

Refer post 2.

[Baerboxer]

4 hours ago, Eric Loh said:

Why even bother to appeal. The establishment will always win and can't be challenged. Haven't this been made clear. 

 

Oh ye of little faith.

 

Of course she should appeal. Keeps the PR machine going and always a chance she'll win. Then the prosecution can appeal. And so the game goes on.

 

She could even come back, appear in court, and then do a runner again. Be fair, they're daft enough to let that happen!

[DrPhibes]

"Meanwhile, the new law on criminal procedures against political office holders was promulgated on Thursday and put into immediate effect. A convicted person would now have to launch an appeal in person before the court rather than designate a lawyer to do so. "

 

And stay out...