Time Limits To Be Suspended For Fugitives From Justice

[webfact]

Time limits to be suspended for fugitives from justice

By Piyanart Srivalo

The Nation

Published on May 2, 2009

The government is preparing a legal amendment which would directly affect fugitive former prime minister Thaksin Shinawatra.

A government source said the Justice Ministry would propose changes to the statutes of limitations for criminal cases at Tuesday's Cabinet meeting.

The ministry will argue the unsuitability of the present time limits for bringing a case to trial, especially when government officials and political office-holders are indicted.

The number of such people has recently increased dramatically both nationally and locally, and the cases tend to be very complicated.

Officials need more time to finish their investigations, and time limits increasingly expire before cases can be brought to court, the source said.

Moreover, many of those indicted flee abroad, and police cannot bring them in within the prescribed time limit. This could encourage more people to break the law, the source said.

The amendment would be to Article 96 of the Criminal Act, which governs statutes of limitations. As it now stands, if a case has been brought to court and the accused flees or is ruled insane, the court can suspend proceedings, but the case must be dismissed once the statute of limitations expires.

The amendment would stipulate: "In the event that an accused person flees the country or his or her locality, the prescribed time limit shall restart from when that person is arrested or submits to the legal process. If the case has been brought to court, it shall not be dismissed even when the normal time limit expires, except if the accused has been ruled insane."

Article 95 of the Criminal Act prescribes statutes of limitations for criminal cases. These are 20 years for cases carrying a possible death sentence or imprisonment from 20 years to life, 15 years for possible jail terms of seven to 20 years, 10 years for possible jail terms of one to seven years, five years for possible jail terms of one month to one year and one year for possible jail terms of up to one month.

Fugitive politicians now living in exile include ousted prime minister Thaksin Shinawatra, Somchai "Kamnan Poh" Khunplome, former deputy interior minister Vatana Asavahame and former PM's Office minister Jakrapob Penkair.

- THE NATION - 2009/02/05

[harrry]

.

except if the accused has been ruled insane."

- THE NATION - 2009/02/05

There is his way out.

[sriracha john]

I look forward to seeing the the Pheu Thai Party, that is all fired up to amend the Constitution, voice their strong willingness to correct this discrepancy in the Constitution and work closely and quickly with the government in getting this law amended as soon as possible.

[animatic]

I remember the Lucese crime boss in NYC used to run around the streets

in his pajamas babbling nonsense, I actually encountered him one day in the west vlliage,

I DID notice the serious enforcers not TOO far off. Wore his PJ's to court too.

He tried for quite some time to be senile or insane,

He got 20 years at least and not insane.

Insanity can last a lifetime by the way...

Yeah try that insane plea for Dr. T.

and then under a psychiatric hospital's 'indefinite time frame of care'

if deemed actually insane... puts a damper on that line of attack.

Review Report:

Patient still thinks he is the Prime Minister of Thailand,

Recommendation: add another year and review.

Yes this 5 year statute is unrealistic as proved by events.

Skip the country and then wait it out, boom no foul.

It is nothing more than a loophole that is being exploited by scumbags.

Edited May 2, 2009 by animatic

[brahmburgers]

.

except if the accused has been ruled insane."

- THE NATION - 2009/02/05

There is his way out.

I submit, Thaksin, if cornered, may resort to dementia defense. He's already showing signs of it: during his televised rants, it was as if he hated to have any pause between sentences. So instead of allowing a half second of silence to gather his thoughts, he appeared compelled to fill the space with with 'uh, uh, uh' 'umm, umm,' 'you know, you know', and other such fillers. Reminded me of a kid who was caught doing something naughty, and resorted to raising his voice turning on the feigned self-assurance - in order to bolster his innocence - all the while shouting down any utterance from others.

More realistically, Thaksin will take the route of many despots who proceeded him: feigned incapacity due to senility. It's worked for many Mafia thugs, and for other fallen big shots who get cornered (Suharto, Marcos, Pinochet, et. al.).

[Koo82]

I submit, Thaksin, if cornered, may resort to dementia defense. He's already showing signs of it: during his televised rants, it was as if he hated to have any pause between sentences. So instead of allowing a half second of silence to gather his thoughts, he appeared compelled to fill the space with with 'uh, uh, uh' 'umm, umm,' 'you know, you know',

If you want a good speaker, choose Abhisit.

But Abhisit only can speak.

For uh, uh, koo, koo, I never, no, no, watch this

[Mario2008]

I post deleted as being off topic. The topic is "Time Limits To Be Suspended For Fugitives From Justice, would directly affect fugitive former PM Thaksin Shinawatra"

Let's stick to that and don't go into discussion comparing red and yellow, Abisit or Taksin. We already have sevral topics on that subject.

[Chang_paarp]

Time limits to be suspended for fugitives from justice

By Piyanart Srivalo

The Nation

Published on May 2, 2009

The government is preparing a legal amendment which would directly affect fugitive former prime minister Thaksin Shinawatra.

A government source said the Justice Ministry would propose changes to the statutes of limitations for criminal cases at Tuesday's Cabinet meeting.

The ministry will argue the unsuitability of the present time limits for bringing a case to trial, especially when government officials and political office-holders are indicted.

(1) The number of such people has recently increased dramatically both nationally and locally, and the cases tend to be very complicated.

(2) Officials need more time to finish their investigations, and time limits increasingly expire before cases can be brought to court, the source said.

(3) Moreover, many of those indicted flee abroad, and police cannot bring them in within the prescribed time limit. This could encourage more people to break the law, the source said.

The amendment would be to Article 96 of the Criminal Act, which governs statutes of limitations. As it now stands, if a case has been brought to court and the accused flees or is ruled insane, the court can suspend proceedings, but the case must be dismissed once the statute of limitations expires.

The amendment would stipulate: "In the event that an accused person flees the country or his or her locality, the prescribed time limit shall restart from when that person is arrested or submits to the legal process. If the case has been brought to court, it shall not be dismissed even when the normal time limit expires, except if the accused has been ruled insane."

Article 95 of the Criminal Act prescribes statutes of limitations for criminal cases. These are 20 years for cases carrying a possible death sentence or imprisonment from 20 years to life, 15 years for possible jail terms of seven to 20 years, 10 years for possible jail terms of one to seven years, five years for possible jail terms of one month to one year and one year for possible jail terms of up to one month.

Fugitive politicians now living in exile include ousted prime minister Thaksin Shinawatra, Somchai "Kamnan Poh" Khunplome, former deputy interior minister Vatana Asavahame and former PM's Office minister Jakrapob Penkair.

- THE NATION - 2009/02/05

(1) I think this means they are noticing more of these things now, so the departing traffic has increased.

(2) This runs into the perception of the ability of the investigators, or maybe the workload they are given.

(3) The statute of limitations should be for the bringing of charges rather than the completion of the case, once charges have been brought the defendant has a lifetime to defend them and clear their name. Incarceration once they have been to court rather than giving them parole and the return of their passports on serious charges may reduce this problem. Don't treat them like heroes but the common criminals they are being charged as.

[Cayenne]

Let's hope this gets passed. At this rate, Thaksin will probably never set foot in Thailand again because of the cases against him.

[Sandstone Art]

Let his life be on the run forever!