Attorney-General to review old Thaksin cases under new legislation

[webfact]

Attorney-General to review old Thaksin cases under new legislation

By The Nation

 

 

The Office of the Attorney-General plans to appoint a working group to review criminal cases involving former premier Thaksin Shinawatra as a key suspect, even though the cases were previously suspended due to the courts’ inability to conduct trials in absentia.

 

Kosolwat Indaruchanyong, deputy spokesman of the agency, said Kemchai Chutiwong, the new attorney-general, would officially deliver a policy statement before agency officials on October 17, after which the director-general in charge of special cases would proceed to review cases involving the former premier.

 

The criminal cases can now be tried in absentia after new legislation was recently enacted. Previously, criminal proceedings could not go ahead unless suspects were physically present at those proceeding.

 

Kosolwat said public prosecutors would follow the new law on trials in absentia regarding cases against Thaksin and other political office holders.

 

Cases involving Thaksin as a key suspect include those concerned with his alleged abuse of power while in office in connection with state-owned Krungthai Bank’s fraudulent multi-billion-baht loans.

 

He said the agency’s working group would examine facts and details of the cases before making further decision whether to forward the cases to the courts for trials in absentia.

 

Source: http://www.nationmultimedia.com/detail/politics/30328780

 

-- © Copyright The Nation 2017-10-09

[ezzra]

Some one or some ones has it in for Thaksin by coming up with

new laws to make sure he stays in exile for ever, just come to show

that no matter how much of the folding stuff you have, it can't buy

you everything, not even something as trivial as going back home...

[Get Real]

Everyday it sounds like the country stands and falls with one man. Time to understand that it ain´t true. Time to concentrate on new things.
In other words. Time to get the arse out of the dinosaur era.

[Chang_paarp]

The Shin clan thanks the Thai government for more support to their asylum claims in various jurisdictions.

[Samui Bodoh]

50 minutes ago, ezzra said:

Some one or some ones has it in for Thaksin by coming up with

new laws to make sure he stays in exile for ever, just come to show

that no matter how much of the folding stuff you have, it can't buy

you everything, not even something as trivial as going back home...

 

What utter nonsense!

 

This is not some morality play by the Junta to demonstrate their 'goodness'.

 

This is purely a propaganda message designed to focus 'hate' on Thaksin and the previous regime(s). The current Junta has been governing ineffectively, and thus needs an 'enemy' to divert the people's attention. 

 

They don't care about Thaksin in the slightest; they care about their own rice bowl. 

 

[gk10002000]

41 minutes ago, Get Real said:

Everyday it sounds like the country stands and falls with one man. Time to understand that it ain´t true. Time to concentrate on new things.
In other words. Time to get the arse out of the dinosaur era.

And that laws and constitutions come and go and can change at will.  that is NOT what defines a country.  Still a fun place to visit.  But I am so glad I never invested in it.  I will rent and visit on long holidays as needed.

[maxpower]

[nausea]

Isn't there some kind of legal principle forbidding retrospective legislation? 

[colinneil]

Silly sods, do they really think Thaksin is worried.

The only thing that this pathetic witch hunt is doing is making the junta look more stupid.

They are just using the Shins as a smoke screen to cover their own failings.

[Kieranmc]

Keep it going junta. The end is coming. H

[leeneeds]

Put the knife in and NOW turn it,

[ramrod711]

The criminal cases can now be tried in absentia after new legislation was recently enacted. Previously, criminal proceedings could not go ahead unless suspects were physically present at those proceeding.

 

This is great legislation. Forget Thaksin and Yingluck, apply this law to the Red Bull heir and the flying monk and all the other miscreants that can now be tried while they are on the lam. I only hope that they will expand this legislation to include lawsuits and libel. Don't happen to be in Thailand when you decide to sue? Too bad but feel free to file when you return.

[JAG]

1 hour ago, nausea said:

Isn't there some kind of legal principle forbidding retrospective legislation? 

It's a junta!

Legal principles don't come into it.

[dieseldave1951]

2 hours ago, nausea said:

Isn't there some kind of legal principle forbidding retrospective legislation? 

apparently not in (Lala land)

[The Deerhunter]

4 hours ago, Get Real said:

Everyday it sounds like the country stands and falls with one man. Time to understand that it ain´t true. Time to concentrate on new things.
In other words. Time to get the arse out of the dinosaur era.

The dinosaur era ended when he left.  Wait for it................The fan is running.  

Edited October 9, 2017 by The Deerhunter

[retarius]

It is a basic principle of jurisprudence that you are tried under the laws that prevail at the time of the offense. 

[Get Real]

1 hour ago, The Deerhunter said:

The dinosaur era ended when he left.  Wait for it................The fan is running.  

No, it has not ended. Why would it then need to be news about him every day? Better to let him be and concentrate on the more important things ahead.

Nice to hear that your fan is working. I know the problems. They go broke when you least expect it. 

[saminoz]

I don't get it!  They are still chasing Thaksin for corruption and yet he graduated from the most acclaimed, world-beating institution of higher learning in that very subject - The Royal Thai Police!

Are they not proud of their alumnus (or just simply jealous)?

[gamini]

5 hours ago, colinneil said:

Silly sods, do they really think Thaksin is worried.

The only thing that this pathetic witch hunt is doing is making the junta look more stupid.

They are just using the Shins as a smoke screen to cover their own failings.

Isn't it really stupid that people cannot be tried in absentia and then stay away for 10 years and come back and not be punished. The law needed to be changed and the junta did the right thing.

[candide]

1 hour ago, retarius said:

It is a basic principle of jurisprudence that you are tried under the laws that prevail at the time of the offense. 

There are two main types of law. The Roman law, diffused by Napoleon in Europe, is based on precise ex-ante definition of crimes and punishments. The Anglo-Saxon law is based on general principles and definitions and ex-post further definition of crimes and punishment with the principle of precendent.

From what I understand from Thai law, it is none of these two types. Crimes are defined in vague terms that can be interpreted in any way they want, and there is no principle of precedent either.

[AGareth2]

12 minutes ago, candide said:

and there is no principle of precedent either.

to some extent

but decisions of the supreme court can be used in similar cases

on the other point

the problem with retrospective law is it opens the floodgates to uncertainties

[jippytum]

It is quite common for high ranking people to evade justice by fleeing the country and staying in exile until the statute has run out and the charges are dropped. The new law corrects this and is correct to stop hi so individuals evading justice .

Another plus to the current administration . 

[KhunBENQ]

8 hours ago, nausea said:

Isn't there some kind of legal principle forbidding retrospective legislation? 

In countries with rules of law: yes.

 

[Reigntax]

9 hours ago, nausea said:

Isn't there some kind of legal principle forbidding retrospective legislation? 

 

If only Thailand had legal principles. If only it had any principles!

[Reigntax]

4 hours ago, gamini said:

Isn't it really stupid that people cannot be tried in absentia and then stay away for 10 years and come back and not be punished. The law needed to be changed and the junta did the right thing.

 

A Statute of Limitation is a fundamental basis of law and due process. It is up to the prosecution to summons, serve and prove a crime. If they fail to fulfil their obligatiIns within a reasonable time period, after time, the credibility of evidence and witness recollection of facts becomes less reliable or inaccurate.

 

Retrospective leglislation is a very dangerous path for any country to travel and creates an ongoing issue with investment knowing the government of the day could do the same in any area of law. The junta should be careful that such a situation doesnt come back to bite given their clear actions to act above any law.

 

 

 

Edited October 9, 2017 by Reigntax

[gk10002000]

10 hours ago, nausea said:

Isn't there some kind of legal principle forbidding retrospective legislation? 

I don't believe there is much law in Thailand, at least not by any Western standard, especially when high level governing things like constitutions and charters get tossed aside routinely.

[Aj Mick]

Makes for good headlines, but but more likely to result in continued exile and /or asylum for the Shiniwatra clan than extradition.

[connda]

"The criminal cases can now be tried in absentia after new legislation was recently enacted."

 

Well, my question would be, why not implement new legislation that would allow cop killing billionaire Ferrari drivers to be convicted in-absentia?  The difference being.............

[sjaak327]

9 hours ago, retarius said:

It is a basic principle of jurisprudence that you are tried under the laws that prevail at the time of the offense. 

Of course it is. But the junta don't care. They are above the law anyway, and they are bending the law to go after everyone they don't like.

[sjaak327]

6 hours ago, jippytum said:

It is quite common for high ranking people to evade justice by fleeing the country and staying in exile until the statute has run out and the charges are dropped. The new law corrects this and is correct to stop hi so individuals evading justice .

Another plus to the current administration . 

Of course, the current administration cannot possibly be charged themselves. That tells you all you need to know. But alas some people choose to remain utterly ignorant.