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Old Thaksin cases could be revived retroactively, says Deputy PM


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Old Thaksin cases could be revived retroactively, says Deputy PM

By The Nation

 

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Deputy Prime Minister Wissanu Krea-ngam reiterated on Monday that he believes that the legal procedures against political office holders in criminal cases law could be applied retroactively against alleged wrongdoers, opening up the possibility that this could be applied to the outstanding cases against former PM Thaksin Shinawatra.

 

The Deputy PM cited examples of cases still before a court that could potentially be pursued in another court following the promulgation of the new law, regardless when the alleged wrongdoings were committed.

 

This does not compromise a defendant’s rights to justice, he said, contrasting it to penalties set against defendants which could not be made retroactively.

 

Asked whether Thaksin’s cases could be pursued retroactively, Wissanu replied that the legal principle suggested that it could.

 

Thaksin has some five cases under prosecution, and the Attorney General’s Office as well as the National Anti-Corruption Commission are reviving them following the court’s previous disposal of them upon his absence from court after he fled the country.

 

Source: http://www.nationmultimedia.com/detail/breakingnews/30328863

 
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-- © Copyright The Nation 2017-10-9
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Another corner stone of justice being put aside. Of course all against certain people, not other people. As long as the Junta is above the law, any court case against their enemies is not being taken seriously. 

 

Of course doing what he suggest is compromising the right to justice for the defendant, one cannot change the rules retroactively. Especially not if the people making the rules do so illegally and without any justification or mandate. 

 

I wonder if they will ever learn their lesson, they are certainly not going to get away with it, it is just a matter of time before this government comes crashing down.

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10 hours ago, AGareth2 said:

does that mean the Junta can also be tried at a later date?

Nope! They have a clause protecting them agaist that. 
As a naturally born army man, you always plan you exit strategy before entering. :cheesy:

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55 minutes ago, Get Real said:

Nope! They have a clause protecting them agaist that. 
As a naturally born army man, you always plan you exit strategy before entering. :cheesy:

Actually, since they are now setting a precedent, it would be easy to just replace the constitution and lift the amnesty awarded to the Junta criminals, then introduce a new law and apply that law retroactively to the Junta criminals. They are certainly showing prospective future rulers how the game is played. Karma I would say..

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Would this be for all or just Thaksin?   There are many on both sides along with the rich and powerful who have avoided prosecution and watched the statutes expire.  The current military boys could also find themselves in a lot of turmoil as well.

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11 hours ago, Ricardo said:

One question the DPM is unlikely to be asked, by the swarming journalists  ...

 

"Why has it taken the junta three years to make this obvious change to the law ?" :wink:

Maybe they were being careful and ensuring that this law can't bite them.

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32 minutes ago, yellowboat said:

Applying laws enacted today to apply in previous cases is selective persecution, not justice.  The bad news knows no end in this country. 

 

But are they doing that, or are they just removing something which has blocked justice & cases being heard, in the past ?   The contravened-laws & delayed-cases, which have been held in abeyance by following this principle, did exist back then.

 

It's a mockery that a rich criminal can dodge justice, just by staying-away for a decade or so, and this change should certainly apply to many more people than just the Shin-family.

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They can retry  Thaksin and the cop killing Ferrari driver 100 times, come up with guilty verdict 100, and issue 100 Interpol Red Notices, all of which will be ignored.
Even Interpol won't go after the rich and connected.  Only small fry.

Edited by connda
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"Old Thaksin cases could be revived retroactively, says Deputy PM"

 

And here is another idea; when the dinos are finally booted out one could charge them with treason since the coup happened before they gave themselves the mother of all amnesties.

Even if that shameful amnesty is supposed to cover all past, present and future crimes there is no denying the fact that the coup came first, the amnesty followed.

 

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15 minutes ago, Becker said:

"Old Thaksin cases could be revived retroactively, says Deputy PM"

 

And here is another idea; when the dinos are finally booted out one could charge them with treason since the coup happened before they gave themselves the mother of all amnesties.

Even if that shameful amnesty is supposed to cover all past, present and future crimes there is no denying the fact that the coup came first, the amnesty followed.

 

Past coups should also be trialed retroactively for treason and damages to the economy. 

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16 hours ago, sjaak327 said:

Another corner stone of justice being put aside. Of course all against certain people, not other people. As long as the Junta is above the law, any court case against their enemies is not being taken seriously. 

 

Of course doing what he suggest is compromising the right to justice for the defendant, one cannot change the rules retroactively. Especially not if the people making the rules do so illegally and without any justification or mandate. 

 

I wonder if they will ever learn their lesson, they are certainly not going to get away with it, it is just a matter of time before this government comes crashing down.

So it is ok to flee the country and wait so long that your can't be prosecuted again?

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12 minutes ago, FritsSikkink said:

So it is ok to flee the country and wait so long that your can't be prosecuted again?

It is ok when the separation of power of the legislature, executive and judiciary are not evident and questionable and especially in a military government that seized power.  

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17 hours ago, sjaak327 said:

Another corner stone of justice being put aside. Of course all against certain people, not other people. As long as the Junta is above the law, any court case against their enemies is not being taken seriously. 

 

Of course doing what he suggest is compromising the right to justice for the defendant, one cannot change the rules retroactively. Especially not if the people making the rules do so illegally and without any justification or mandate. 

 

I wonder if they will ever learn their lesson, they are certainly not going to get away with it, it is just a matter of time before this government comes crashing down.

 

The accused has the right to appear in person and robustly defend all charges in every case.

 

But given the detail of some of those cases, that might prove a little difficult to defend and mean the result could be inconvenient without the appearance of more pastry boxes which don't seem acceptable.

 

"A spokesman for the Attorney General said yesterday: “Trials in absence are not new — they are already allowed under the national law of European countries, including the UK."

Source: The Telegraph 101017.

 

Seems many countries don't see the law and it;s cornerstones as you imagine.

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23 minutes ago, Eric Loh said:

The proposed revival of retroactive laws and judiciary hearing in absential are in this current military government.   

 

The crimes he is accused off go way back. Why should doing a runner because you can afford it be allowed to stop the case?

 

He can still speak through his lawyers, just like when he tries to sue people for defamation whilst still on the run,

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1 hour ago, Eric Loh said:

Past coups should also be trialed retroactively for treason and damages to the economy. 

 

So you're really saying everything (repeat everything) from the past should be investigated/ re-investigated and taken to trial.

 

I very much doubt your idol and his ruthless cronies would like that to happen. Just one example a re-investigation of the paymasters war on drugs, and many many more. 

 

Careful what you wish for el.

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8 hours ago, Get Real said:

Nope! They have a clause protecting them agaist that. 
As a naturally born army man, you always plan you exit strategy before entering. :cheesy:

The most difficult and most prone to go wrong, military maneuver is a " withdrawal in contact".

Another well known military truth - " no plan survives contact with the enemy".

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2 minutes ago, JAG said:

The most difficult and most prone to go wrong, military maneuver is a " withdrawal in contact".

Another well known military truth - " no plan survives contact with the enemy".

Thanks! I love this one. Can I take it as that is why there is so much talk and no action. :smile:

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