Thai officials and foreigners could face severe punishment for corruption

[webfact]

Severe penalties in changes to anti-graft law
The Nation

BANGKOK: -- STATE officials and foreigners could face severe punishment for corruption - with the threat of execution under a new amendment to the anti-graft law.

The amendment has no limit for court cases - unlike the previous statute of limitations. This has kicked off debates over past corruption cases involving politicians such as Thaksin Shinawatra, who fled abroad in late 2008 to avoid a jail sentence for a suspect land deal.

The Royal Gazette published the third amendment of the Constitution Organic law on Counter Corruption 2015 on Thursday. It took effect last Friday.

Seven extra sections were added to Article 13 under the Act, from Article 123/2 to 123/ 8, listing types of corrupt acts or wrongdoing, plus penalties such as seizing assets from state officials found guilty of graft.

Under Article 123/2, state officials or foreign officials or people working for international organisations who call for or take bribes in return for malfeasance or negligence in duty for the benefit of bribers could face a sentence from five to 20 years, life in jail, or even execution. They could also face a fine from Bt100,000 to Bt400,000. People found to have committed offences before they took office could still face all the penalties except execution.

For individuals found to have taken bribes to use their power to force other officials to commit wrongdoing could face up to five years in jail or a fine of up to Bt100,000, or both.

The amendment also leaves the statute of limitations for court cases - previously 20 years for criminal offences - unlimited from now on.

Amendment of Article 11 of the Act has changed the procedure relating to the statute of limitations and penalties under the Article 74/1.

It now stipulates that if an accused or defendant escapes while being prosecuted or on trial, the period that he or she escapes abroad is not counted as part of the statute of limitations.

And if defendants escape after a court issues a final verdict, Article 98 of the Criminal Code would not be enforced.

Source: http://www.nationmultimedia.com/politics/Severe-penalties-in-changes-to-anti-graft-law-30264329.html

-- The Nation 2015-07-13

[NongKhaiKid]

As ever there's the very ' minor ' matter of enforcement by the govt, the agencies involved and the courts.

it doesn't matter how many laws are on the books and how severe the penalties if they are only applied selectively, if at all.

[apetley]

As ever there's the very ' minor ' matter of enforcement by the govt, the agencies involved and the courts.

it doesn't matter how many laws are on the books and how severe the penalties if they are only applied selectively, if at all.

Got to agree with that.

Execution exists for drug dealers but when is it ever enforced?

[fish fingers]

I just stopped believing Prayuth when the two murders in Koh Tao took place. He can talk about it all he wants but the facts are that as long as high ranking officials take bribes from criminal families, he supports corruption at the highest level. Corruption in the Thai Court system is plainly obvious to millions around the world who read about these recent awful cases involving foreigners in Thailand.

Edited July 12, 2015 by fish fingers

[ezzra]

And whose going to do the policing and punishing? police, army, government people? are they going to be any

better or different than what they have now? have they learned anything? have they seen the lights of the

unbearable truth and honesty? it all remain to be seen....

[Seastallion]

"And if defendants escape after a court issues a final verdict, Article 98 of the Criminal Code would not be enforced."

Will NOT be enforced if someone escapes???

What's Article 98? If it is something that won't be enforced if someone escapes, then it must be a promise of a reward to the defendant.

[jerojero]

How about new laws that punish law enforcement and courts for not upholding laws regardless of societal status.

[lujanit]

The simplest laws here are not enforced. Motor cycle riders not wearing helmets are a daily 'in your face' example. How are they going to enforce something as 'complicated' as this? I have no idea of what Prayuth is focusing on but it doesn't seem to be corruption.

[NongKhaiKid]

How about new laws that punish law enforcement and courts for not upholding laws regardless of societal status.

Just as defamation will never be amended as it's too useful the laws you propose will never be passed because of the potential consequences IF enforced and like so many other aspects of the Thai judicial system / society etc the IF is a massive one.

Edited July 13, 2015 by NongKhaiKid

[bamukloy]

Im having trouble posting links but im sure someone will post article 98 in full with a link.

in the meantim ill try to explain quickly to my understanding:

Article 98 seems to state that death sentance will not be imposed in cases where someone has been sentanced but fled.

( then there is a sliding scale of different times and penalties for offences according to how much time has elapsed after the judgement..going from 20years downwards.

Interesting after that it states the penalty as far as asset seizures will not apply if the elapsed time is under 5 years.

interesting!

[sscsamui]

The Government Corruption Busters could have a hay day on Koh samui... There is some kind of Corruption Every 20 meters...On the hole island..

[robblok]

Fact is that this is a huge improvement that there is no statute of limitations this is huge. Anyone saying the current government isn't making meaningfull changes is sleeping.

Compare this with the previous government who wanted an amnesty for 26.000 corruption cases (one still has to wonder why they were under the blanket pardon).

Sure people can moan that the courts still have to apply this but at least it changed its a step forward.

It leaves room for improvement but its a good step.

[MZurf]

How about new laws that punish law enforcement and courts for not upholding laws regardless of societal status.

Just as defamation will never be amended as it's too useful the laws you propose will never be passed because of the potential consequences IF enforced and like so many other aspects of the Thai judicial system / society etc the IF is a massive one.

The day the law is applied equally to "hiso" and "loso" is the day that Thailand has changed massively for the better. Unfortunately that day is not even close to be coming soon.

[Manbing]

Will the amendments to the statute of limitations for embezzlement and corruption be applied retrospectively?

Or can't the Shins expect Big T to return imminently, free and clear of any issues?

If not the question arises will he be able to afford to pay 100,000 bht to avoid jail time?

[worgeordie]

The key word is "could",when you read words like that

and "may",you know they are not serious about corruption,

until a few Politicians,Police,Army,and Business people

are caught,tried,and put in prison,nothing is going to change.

regards Worgeordie

[wirat69]

As ever there's the very ' minor ' matter of enforcement by the govt, the agencies involved and the courts.

it doesn't matter how many laws are on the books and how severe the penalties if they are only applied selectively, if at all.

Got to agree with that.

Execution exists for drug dealers but when is it ever enforced?

Thought that HeWIID (as in, He Who Is In Dubai) had the henchmen take out all of the drug dealers, and a little bit of peripheral damage, not so many years back.... therefore there should be no drug dealers left..... NOT!!

[bamukloy]

As ever there's the very ' minor ' matter of enforcement by the govt, the agencies involved and the courts.

it doesn't matter how many laws are on the books and how severe the penalties if they are only applied selectively, if at all.

Got to agree with that.

Execution exists for drug dealers but when is it ever enforced?

Thought that HeWIID (as in, He Who Is In Dubai) had the henchmen take out all of the drug dealers, and a little bit of peripheral damage, not so many years back.... therefore there should be no drug dealers left..... NOT!!

are you suggesting he didnt do a good enough job?

:0)

[Bluespunk]

Im having trouble posting links but im sure someone will post article 98 in full with a link.

in the meantim ill try to explain quickly to my understanding:

Article 98 seems to state that death sentance will not be imposed in cases where someone has been sentanced but fled.

( then there is a sliding scale of different times and penalties for offences according to how much time has elapsed after the judgement..going from 20years downwards.

Interesting after that it states the penalty as far as asset seizures will not apply if the elapsed time is under 5 years.

interesting!

Actually makes sense as many countries will not deport people to a country if they face execution, torture or persecution.

Not all though, not all.

Edited July 13, 2015 by Bluespunk

[Tatsujin]

"And if defendants escape after a court issues a final verdict, Article 98 of the Criminal Code would not be enforced."

Will NOT be enforced if someone escapes???

What's Article 98? If it is something that won't be enforced if someone escapes, then it must be a promise of a reward to the defendant.

These changes are specifically aimed at Thaksin and others who have done a runner recently, this is Article/Section 98

If any person, convicted by the final judgment, has not yet undergone the punishment, or has not completely undergone the punishment on account of having made an escape, and such person is not brought to undergo the punishment till the following periods of time reckoning from the day of the final judgment, or the day on which the offender has made the escape, as the case may be, the execution of punishment shall be precluded by prescription, and the punishment shall not be inflicted upon such person:

1. After twenty years in case of a sentence to death, to imprisonment for life or to imprisonment of twenty years;
2. After fifteen years in case of a sentence to imprisonment of over seven years but not up to twenty years;
3. After ten years in case of a sentence to imprisonment of over one year up to seven years;
4. After five years in case of a sentence to imprisonment of one year downwards or any other punishment.

[robblok]

The key word is "could",when you read words like that

and "may",you know they are not serious about corruption,

until a few Politicians,Police,Army,and Business people

are caught,tried,and put in prison,nothing is going to change.

regards Worgeordie

Good point, some need to be caught and really go to jail, the guys from the fake rice deals should set a nice example.

If they can find others (should not be too hard) and make some high profile convictions things might change.

[NongKhaiKid]

How about new laws that punish law enforcement and courts for not upholding laws regardless of societal status.

Just as defamation will never be amended as it's too useful the laws you propose will never be passed because of the potential consequences IF enforced and like so many other aspects of the Thai judicial system / society etc the IF is a massive one.

The day the law is applied equally to "hiso" and "loso" is the day that Thailand has changed massively for the better. Unfortunately that day is not even close to be coming soon.

Those who are in a position to pass laws or can influence such are wary of bringing in draconian legislation and penalties as they have an eye on the future, theirs, family, cronies etc. as they never know when they will fall foul of the very same legislation so why take chances ?

[bamukloy]

Article 98 does seem special in that it applies to people that have been sentanced but have fled before serving time.

the sliding scale of time spent on the run mentions if its been 20 years since the judgement, no execution, but life in prison. Yay!

The penalties get lighter, by five year increments, down to pretty much a slap on the wrist if only 2 or 3 years on the run.

interesting that no-where in that section is any mention of IF you turn yourself in.

Actually its kinda reminiscent of the new farang overstay penalties..all those overstayers scrambling back, tail between legs, to make good before to late.

Wonder if it will have the same effect on all the overseas thai crooks?!

[MZurf]

How about new laws that punish law enforcement and courts for not upholding laws regardless of societal status.

Just as defamation will never be amended as it's too useful the laws you propose will never be passed because of the potential consequences IF enforced and like so many other aspects of the Thai judicial system / society etc the IF is a massive one.

The day the law is applied equally to "hiso" and "loso" is the day that Thailand has changed massively for the better. Unfortunately that day is not even close to be coming soon.

Those who are in a position to pass laws or can influence such are wary of bringing in draconian legislation and penalties as they have an eye on the future, theirs, family, cronies etc. as they never know when they will fall foul of the very same legislation so why take chances ?

Indeed. Status Quo benefits those already in the money so why would they want to change anything? Thailand is an absolute paradise for those with money and connections.

[jacko45k]

As ever there's the very ' minor ' matter of enforcement by the govt, the agencies involved and the courts.

it doesn't matter how many laws are on the books and how severe the penalties if they are only applied selectively, if at all.

Got to agree with that.

Execution exists for drug dealers but when is it ever enforced?

Last one was 2009 so I I don't see this happening.

Looks like journalistic sensationalism.

[Lupatria]

Looks like they realized there are only a few inactive posts left for purchase

[cmiuc]

It seems its only for "high" officials... doesn't seem to fit all corruption practices... and then you get into foreigners who are corrupted in Thailand? seems a bit like children's behavior... "if you are going to tell on me, then i am going to tell on you.." and if there are any foreigners involved... i think extradition comes to mind...in regard to international law...

i wish they just stop muttering and get on with it and do it... start everywhere...why does it have to be at the top? in this case the snake has many heads all the way down to the tail.

[recycler]

Enforcement would wipe out most of the government officials ranks...... leaving just enough to operate the crematoria!

[Bernard Flint]

FromDay 1 of the ilegal decision, for Thailand to have this man as PM, i have said one word to describe him

PONTIFICATOR

Nothing has made me change my mind,they are 10 a penny

[AlQaholic]

Good that they finally go after all those corrupt foreigners who force all those Noble Thai officials to accept bribes.

Edited July 13, 2015 by AlQaholic

[zaphod reborn]

It seems its only for "high" officials... doesn't seem to fit all corruption practices... and then you get into foreigners who are corrupted in Thailand? seems a bit like children's behavior... "if you are going to tell on me, then i am going to tell on you.." and if there are any foreigners involved... i think extradition comes to mind...in regard to international law...

i wish they just stop muttering and get on with it and do it... start everywhere...why does it have to be at the top? in this case the snake has many heads all the way down to the tail.

If you are British and American, you can be prosecuted in your home country for engaging in corruption while in Thailand. It doesn't matter whether you are high level or not.