Thai officials and foreigners could face severe punishment for corruption

[stopthegreed]

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.

I agree, but it would serve as a deterent. You only need one execution to take place and the message will get through....hopefully.

[webfact]

State officials to face death penalty under new anti corruption law now coming in force



BANGKOK: -- The Secretariat of the cabinet yesterday released the new anti corruption law that carries death penalty for state officials found guilty of corruption.

The new law which is an amendment to the existing Anti-Corruption Act 1999 was passed by the National Legislative Assembly (NLA), and was published in the Royal Gazette on July 9.

Significant changes to the old 1999 anti-corruption law are seen in Article 13 of the Anti-Corruption Act 2015 which increases penalties on state officials who commit offences stipulated under Articles 123/2, 123/3, 123/4 123/5, 123/6, 123/7 and 123/8 of the Anti-Corruption Act 1999.

But the death sentence was stated in Article 123/2.

The article imposes five to 20 years or life imprisonment, or a fine from 100,000 to 400,000 baht, or death, depending on the severity of the offence for state officials who are convicted guilty of corruption.

Source: http://englishnews.thaipbs.or.th/state-officials-to-face-death-penalty-under-new-anti-corruption-law-now-coming-in-force


-- Thai PBS 2015-07-13

[animatic]

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!

I believe this is because many states will NOT extradite a criminal on an international warrant IF the death penalty is in play. So to avoid the conviction by escape and then claiming you will be executed on return will now be off the table as a decades long stall tactic. Of course that is the best way to avoid the death penalty too. But 40 years of life in a Thai prison is a slow death I might not choose over a quick snicker snee.

Edited July 13, 2015 by animatic

[Ricardo]

" involving politicians such as Thaksin Shinawatra, who fled abroad in late 2008 to avoid a jail sentence for a suspect land deal."

He didn't flee the country in 2008. He was in the USA for the UN general assembly in SEP 2006, and never been back since

I'm afraid that you're mistaken, LukKreung.

http://www.economist.com/node/11920648

reports his departure again, after having returned in February 2008

"On 28 February 2008, Thaksin arrived in Bangkok after 17 months in exile."

https://en.wikipedia.org/wiki/Thaksin_Shinawatra

Edited July 13, 2015 by Ricardo

[animatic]

" involving politicians such as Thaksin Shinawatra, who fled abroad in late 2008 to avoid a jail sentence for a suspect land deal."

He didn't flee the country in 2008. He was in the USA for the UN general assembly in SEP 2006, and never been back since

I'm afraid that you're mistaken, LukKreung.

http://www.economist.com/node/11920648

reports his departure again, after having returned in February 2008

"On 28 February 2008, Thaksin arrived in Bangkok after 17 months in exile."

https://en.wikipedia.org/wiki/Thaksin_Shinawatra

And then asked permission for he a Potjiamin to go see the Bejing Olympics.

This was just before his trial was about to go badly. They never returned,

but DID send their proxies back to punish or take over Thailand if possible...

They were not successful.

But this new law is clearly aimed at severing even more tentacles of

The Thaksin Political Machine and Shin Clan mechanisms of control.

And putting the noose on the list is a major upping of the anti in this regard.

Regardless if there is selective application of laws or not, the fact you could get hung

WILL make less amorally brazen should likely think twice before deals with the local devils.

Edited July 13, 2015 by animatic

[zaphod reborn]

Hmmmm.Interesting. I pay an agent to obtain my extension of stay and the agent then pays off the I.O. and I am issued with the requisite stamp in my passport. As I see it according to the new law I, along with the agent and I.O., will all be guilty of corruption and subject to the death penalty. In addition consider all the other Government services and whatever that have to be "paid for" because of corrupt officials. If all these corrupt people are put to death there will be nobody left.

Including you, who will be extradited, hauled back to your home country and prosecuted. You probably didn't realize that any participation in corruption is a crime in your own country.

[collingwood]

What a complete load of crap. If this was to happen ...Graft and corruption....Executions....No Army, Cops, Hi-So's all gone, then again this could be a good thing!!!!!!

[toonsai]

The 1999 law was never enforced, except for witch hunts or the ones who do not fully cooperate to the Ponzi scheme. The 2015 revision will not fundamentally change anything. Thailand will remain deeply corrupted from top to bottom, alienating any chance of improvement.

[mojorison]

Didn't Thaksin introduce various methods for reporting corrupt officials and acts to an investigating body, that actually put the fear of god into the bureaucrats. Another reason that they hate his guts. They actually had to be polite, efficient, punctual, (lunch at midday), and perform as they are commonly known in the west as "public servants". Yes I know, he had his faults, and the irony runs deep, but this worked... after he went, they could all get back to being good for nothing sons of yeah whatever. Don't know how many Mexican standoffs I've had while they wait for the bribe... which I never pay if I'm in the right. Corruption is the bane of Thailand, but "monumental" changes would be required to stamp it out to realistic proportions. Good Luck.

[jaywalker]

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.

It all sounds good on paper though! That's all that matters!

I recall walking into an RTAF maintenance facility about 4 years ago. The local agent and I had just come from a similar RTA facility.

The RTAF was much a much nicer place and I commented on that. The agent said "Yes. Air Force Chief not take as much money as Army Chief".

Who was the Army Chief in 2011?

Edited July 13, 2015 by jaywalker

[zaphod reborn]

By the way.....Can anyone explain to me why there is a statute of limitations for any crime??? I mean I know there is these limitations in every country on earth, but why??

Most crimes and all civil actions have statute of limitations. A date of discovery rule has been applied for fraud and childhood sexual abuse, as the victim may not be aware of the offense until a later time.

The statute of limitations brings certainty for defendants. In criminal cases, evidence may be lost and witnesses may go missing if a long period of delay is involved. Also, there is a sense that extraordinary delays in prosecution are unjust.

In civil actions, for risk management purposes, it is important to know when a claim will be time-barred. This is particularly applicable for companies, which may treat a potential civil action as a liability for accounting purposes. A prescription period is particularly important in adverse possession cases.

[lounger]

It will stop a lot of international crooks think twice about using Thailand as a base.

[sprq]

What is the point of a statute of limitations, employed in so many jurisdictions as well as in Thailand? To save work for the justice system? British law has no such thing and is all the better for it.

[greenchair]

That's a bit harsh.

[chilli42]

Surely you jest? Corruption at high levels simply does not work this way. Bribes are all through middle men, never direct.

[FangFerang]

I wondered how long it would take for the coup makers to start writing anti-Thaksin laws.

Further, this is the second retroactive law they wrote, which runs against the rule of domestic law, international law, and any law anywhere.

[Thaddeus]

If it were to happen, it would be the second most effective method of population control.

[robblok]

I wondered how long it would take for the coup makers to start writing anti-Thaksin laws.

Further, this is the second retroactive law they wrote, which runs against the rule of domestic law, international law, and any law anywhere.

Ah now anti corruption laws are anti Thaksin laws..

[PatOngo]

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.

I agree, but it would serve as a deterent. You only need one execution to take place and the message will get through....hopefully.

26,000 road fatalities per year...........does the message get through there?

[gchurch259]

Corruption is a very dangerous Cancer and it has been allowed to exist in Thailand so long the people expect it as a normal way of doing business. We have seen people in high places arrested, even the head of the criminal investigation division.

There is no cure for cancer, you just kill it and hope it is under control and will not come back, but it does so you kill it again. Then you go back and try to kill it again.

If they have a death sentence and escape you try extradition, if that fails you get a bounty hunter who is willing to find them and kill them where they find them or bring them back.

I believe one of the biggest corruption schemes is the extremely big VAT Tax on new cars. I wonder where goes and I did not even see it listed on my wife's car invoice. I could have bought two Honda Civics in the USA exactly like it for what I paid here.

Edited July 13, 2015 by gchurch259

[cumgranosalum]

slowly but surely losing the plot

[slapout]

Those that aid in escape, of punishment, asset siezure, laundering funds, etc should be required to be arrested and jailed immediately with no chance of bail parden, etc until the guillty party is aprehended aqnd physically replaces those serving his sentence. in total.

[gchurch259]

There may be or have been more corrupt people in Thailand, but when you are corrupt while holding a high office you betray the whole nation. He may not have been corrupt I do not know personally. However, to give someone two years from milking billions while in office seems to fly in the face or reality. They give 8 to 10 years for stealing mushrooms or selling Knock-off DVDs, what is that ?

I wondered how long it would take for the coup makers to start writing anti-Thaksin laws.

Further, this is the second retroactive law they wrote, which runs against the rule of domestic law, international law, and any law anywhere.

[Liquorice]

So the next time you phone your Insurers to complain about the assessors accident report, it means it will now be considered inappropriate for the Insurer to reply 'Did you try bunging him another 500 baht'.

[greenchair]

Trouble is some of the judge's are very young.

With not that much experience.

A recent case comes to mind.

Of the government official that used a government car that was allocated to another official.

He was convicted of corruption for using the gas allowance , in a car designated for someone else. He got 18 years.

In the final appeal at the supreme Court.

If this law was in place, he may well have gotten the death penalty.

The death penalty could be given to someone for making a simple mistake.

[SupermarineS6B]

What's this. let's make a stupid statement day ? Trying to stop corruption in Thailand would be like trying to stop a bargirl from lying ! Mind you, i'd trust the bar girl more than the powers to be......... It's not April the 1st is it ?????????

[Johnny S]

Another law NOT to be enforced ... zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

[selftaopath]

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.

EXACTLY.

Laws in this country are a JOKE. They appear more like "suggestions" "things to ponder" LOS might stand for Lack of Sanctions.

More Thai talk... Il'' wager we'll all be gone and forgotten before this place has a reputation of a RULE OF LAW country.

[silent]

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.

2 cents worth.

It sounds like my Thai wife continually comparing apples to oranges here.

Actually, as far as the helmeting and similar victimless "crimes", I find it' kind of refreshing to see a degree of common sense in comparison to most of the mercenary like policing going on in most of the rest of the world now. If we look at Indonesia living up to their words about the death penalty lately, let's not be so quick to criticize, lest we get what you wish for and a ruler that won't lose face like in that neighbouring mouse that roars country. (Which one, where).

[djlest]

Shock Horror sensationalization! Yawn....