Can Jatuporn Be Arrested And Detained Under The Soe?

[jdinasia]

Any legal beagles out there that can answer the question posed in the topic?

Can Jatuporn (a seated MP) be arrested and detained under the SoE or does his immunity cover him?

MCOT: Court issues arrest warrant for 17 Red Shirt core leaders including Veera, Jatuporn, Natthawut for defying Emergency Decree, blocking Ratchaprasong

[4223rhodes]

Anything is legal in Thailand. Fourteen tanks could come in and take over the government and re-write the constitution and control the media and then pardon themselves. It's all legal!

[thaihome]

Here is the section from the 2007 constitution.

Section 131. No member of the House of Representatives or senator shall, during a session, be arrested, detained or summoned by a warrant for inquiry as the suspect in a criminal case unless permission of the House of which he or she is a member is obtained or he or she is arrested in flagrante delicto.

In the case where a member of the House of Representatives or a senator has been arrested in flagrante delicto, it shall be forthwith reported to the President of the House of which he or she is a member and such President may order the release of the person so arrested.

Sounds to me like the can arrest him on stage making a speech, which has now been made illegal by the SoE, as that would constitute “in flagrante delicto”. The President of the House (who happens to be Newin’s father) could then have him released.

TH

[jdinasia]

Here is the section from the 2007 constitution.

Section 131. No member of the House of Representatives or senator shall, during a session, be arrested, detained or summoned by a warrant for inquiry as the suspect in a criminal case unless permission of the House of which he or she is a member is obtained or he or she is arrested in flagrante delicto.

In the case where a member of the House of Representatives or a senator has been arrested in flagrante delicto, it shall be forthwith reported to the President of the House of which he or she is a member and such President may order the release of the person so arrested.

Sounds to me like the can arrest him on stage making a speech, which has now been made illegal by the SoE, as that would constitute "in flagrante delicto". The President of the House (who happens to be Newin's father) could then have him released.

TH

Hmmm yeppers his mere presence at a rally is now illegal so .....

as for our returnee's post .... just more silliness.