Tougher anti-graft laws set to go to NLA

[webfact]

Tougher anti-graft laws set to go to NLA
Opas Boonlom
The Nation



BANGKOK: -- The National Anti-Corruption Commission's proposed bill that is currently before the National Legislative Assembly contains many interesting proposals.

NLA members will vote on the bill's first reading on Thursday.

Under Section 12 politicians who deliberately conceal or declare false assets would face a lifelong ban.

Those convicted would not be allowed to hold a position in a political party or a public body.

Under Section 13, it is proposed that members of provincial and district administrations and other government officials must join MPs and senators in declaring assets.

Under Section 18, the NACC would be empowered to authorise arrest warrants for suspects who fail to report to it on schedule. The agency would also be authorised to make arrests.

At present the NACC relies on police to make arrests for them.

The process is inefficient and suspects often escape.

Under Section 19, if a suspect flees during the legal process, that period would not be included in the statute of limitations.

Under Section 21, NACC rulings on officials charged with offences would overrule a public body's disciplinary committee. This mechanism is designed to prevent guilty officials being "rescued" by their superiors and escaping a just punishment.

Under Section 23, it is proposed that courts accept NACC cases without having to consider whether they are well-grounded.

Foreign government officials and foreign international organisation officials convicted of bribery in Thailand could be jailed for life or receive the death penalty. The minimum jail term would be five years and the fine between Bt100,000 and Bt400,000 (Section 27).

Currently, there is no punishment specified for foreign officials who commit graft.

Source: http://www.nationmultimedia.com/politics/Tougher-anti-graft-laws-set-to-go-to-NLA-30248483.html


-- The Nation 2014-11-25

[Robby nz]

The provision under section 19 should be broadened to cover all crime.

[siampolee]

Hopefully these proposals will appear on the statue book and subsequently the law will be applied in its full force too.

Although in truth the situation will probably read as such below.

These proposals are such stuff as dreams are made on, and our little life's dream is rounded with a sleep as the politicians continue their plundering.”

Apologies to The Bard, William Shakespeare whose original is in the quote box below.

We are such stuff as dreams are made on, and our little life is rounded with a sleep.”

William Shakespeare

Edited November 24, 2014 by siampolee

[chainarong]

A Start has been made , now to watch and see the end results , also the present statute of limitations be extended to 25 years and includes any offences committed up till this time, the death penalty is out of date, especially for someone only trying to gain from a weakness in a corrupt system, life would be appropriate.

[Commerce]

"Currently, there is no punishment specified for foreign officials who commit graft."

And the punishment specified for Thai officials who commit graft is???

[NongKhaiKid]

It doesn't matter how tough any law is made it, as usual, comes down to application and enforcement which we know can be VERY selective.

How many crackdowns, blitzes, eradications etc are promised and, if they actually start, disappear in no time ?

As a contrast there's little hesitation over involvement in defamation and LM.

[timewilltell]

So Thais get a lifelong ban and fast tracked processing through the courts and foreigners get the death penalty. Right! Well that shows the mentality of these morons.

[boomerangutang]

I've been grafting avocado trees. Will such action be outlawed also? (ok, I jest, flaccidly).

I agree 'statute of limitations' is too often taken advantage of - particularly by rich VIPs.

Also: drug laws in Thailand should be revamped. Thailand copies US drug laws, with no small incentive from US's DEA and the money influx which comes from that. However, drug laws are becoming a bit less draconian in the US. Thailand will continue to follow the US's lead, but it will hover about 20 to 40 years behind because legal issues move so slowly in LOS. Pot use should be legal (or at least less criminalized), and the super-tough laws against drug running (particularly by not-so-bright Thai women) should be eased. Currently, there are dozens of Thai women in prison (for decades) in HK, Vietnam and other countries, for the crime of agreeing to take a package for an African. Some of those women will be executed. Meanwhile, a son of a rich Thai can kill a cop (or kill anyone who's not a VIP) and get pardoned.

[worgeordie]

Without doubt tougher laws against corruption,need to be put in place,

and should be applied without favour,as the laws in force at the moment

are neither strict enough,and are applied selectively,as those engaged

in corrupt practices (anywhere money is involved it seems) have no real

fear of the consequences IF they are ever caught.

The amount of corruption that is occurring in Thailand,and on the other

hand those that have been brought to book,and the numbers actually

in prison are light years apart,in this case crime pays,and very well it seems.

Regards Worgeordie

[Tatsujin]

Sounds interesting ... not sure about the capital punishment part tho, long jail terms, asset seizures from the person themselves, their sons, daughters, wives, gf's, families, maids, drivers or any other person they've tried to hide it with should be the norm.

"Convicts should not be allowed to escape persecution due to the statute of limitations."

I particularly like this one, all convicts SHOULD be persecuted lol

[scorecard]

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A Start has been made , now to watch and see the end results , also the present statute of limitations be extended to 25 years and includes any offences committed up till this time, the death penalty is out of date, especially for someone only trying to gain from a weakness in a corrupt system, life would be appropriate. width=32 alt=coffee1.gif>

Sure but why have any statute of limitations for corruption, in fact IMHO the whole concept should be removed from the statute books.

[scorecard]

"At present the NACC relies on police to make arrests for them."

This should never have been the situation, it's been deliberately set up so that scaly politicians and officials, etc., can easily interfere, it makes a mockery of the whole idea of fighting corruption and insults the intelligence of the good Thai people. The fact that the last government sizably reduced it's operation budget also displays deliberate interference to try to cut the agencies overall size and resources and therefore their ability to investigate.

The fact that's it's centralized also makes it easy for the scaly folks to interfere. It should be decentralized so that the various offices / teams are forced to display performance which can and should be regularly compared with the other offices so that shortcomings / lack of action etc., etc., are highlighted, and with full and regular reporting to the public.

For corruption, malfeasance etc., cases the investigation process / judicial process should somehow be well outside the reach of scaly politicians, corrupt police etc.

Edited November 25, 2014 by scorecard

[rickirs]

Talk about building empires.

Under Section 23, it is proposed that courts accept NACC cases without having to consider whether they are well-grounded.

That takes care of the prosecuting Attorney General’s Office.

Under Section 12 Those convicted would not be allowed to hold a position in a political party or a public body.

Seems the convicted can still be a member of the NCPO or the armed forces.

Under Section 18, the NACC would be empowered to authorize arrest warrants for suspects who fail to report to it on schedule. The agency would also be authorized to make arrests.

This gives the NACC the power of the Court and police. With the Thai military already independent of government oversight, does Thailand really need another unaccountable armed force? This provision should at least be limited to respect and compliance with the constitutional provisions for human dignity, rights, liberties and equality.