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Thai officials and foreigners could face severe punishment for corruption


webfact

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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..

I presume that that was not a spelling mistake and you really did mean 'hole', describes it perfectly.

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"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.

So it was a gift. Get a one year sentence and escape and stay free for 5 years, and your sentence is dropped.

But now it will NOT apply, and the statute of limitations is extended...so, if it is aimed at Thaksin, he will never be able to return. Good.

Same applies to Red Bull Jnr.

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Like most laws in Thailand, there will be selective enforcement. As nearly everyone is corrupt, there would be little difficulty in finding the evidence against your rivals/enemies.

This is the China model. Corruption is rife in China and you will occasional see a high-profile case of corruption against someone who has fallen out of favour.

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A nice piece of junta PR work at damage control to arrest fast declining support. Does have a nice ring to it and appeals well to the population. Wouldn't happen and certainly not during this junta term. Best they do is lay out the framework, avoid implementation by passing to next government to legislate. They can then blame the next government and claim some credit. Only the gullible and the die hard supporters will buy this news and will sing praise of the junta.

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Another chilling way to crack down on enemies who may have different political agendas than whomever may be in current drivers seat. "Man in Dubai" being classic example of lynching from elite, knowing couldn't beat him at ballot box. As if they aren't corrupt.... I guess Thailand wants to be more like China in every way. Corrupt legal system going after corruption? Yeah, that sounds like good idea.

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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.

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This law will be used the same way as Section 112, the computer crimes act and defamation laws. The law is not intended to curb corruption but to curb certain people commiting corruption. The way the justice system work will not change due to this law. At present if you are hiso you walk free or get a slap on the wrist, if you are poor you get put away for a long time. Lets look at examples - Red Bull heir - drives over a police officer while drugged and drunk, allowed to get away and not even charged with murder. Girl 17 years old killing 9 people with her motor vehicle - gets 3 years suspended sentence. Then the poor side - husband and wife harvest mushrooms in a national park - gets 15 years in jail. I will not comment on section 112 and computer crimes act convictions. Laws in the country are meaningless because there are no equal justice.

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...foreigners.....

...the moment a foreigner comes here...he is told what to do...and what not to do....

...by so many.....

...hard to find which way is up....

...now add foreigners to the pot....

....I was told that the role of a foreigner in any business deal....is to be the fall guy.....

....so where will such a law lead to then....just shifting the blame......

...like all those fake marriages we heard about not long ago...arranged and registered by Thai 'officials'......yeah...blame and charge the foreigners....

...such an initiative for Thais to become honest....NOT.....

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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!

The changes in regard to the statute of limitations is not easy to understand - anybody have a simpler explanation of the new situation?

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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.

Footnote: Military not included.

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"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."

Sounds like China type punishment who have executed businessmen and govt officials for corruption. With Thailand drifting towards being a defacto province of China I guess this makes sense.

http://www.theguardian.com/world/2013/jul/08/liu-zhijun-sentenced-death-corruption

http://thediplomat.com/2014/11/china-overwhelmingly-supports-death-penalty-for-corrupt-officials/

http://www.bbc.com/news/world-asia-pacific-14197485

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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.

No, the death penalty would only apply to the Thai Official at Immigration, not your agent, not you.

"Under Article 123/2, state officials or foreign officials or people working for international organisations"

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" 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

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This is good as long as they use this law with the police and all those involved in the Kah tao murders. lets see if a over up of the coverup will ned all the big wigs and bring them to the gallows

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The test for an effective government is the manner in which laws are enacted, enforced and how punishment is dispensed. The erratic, haphazard and preferential methods currently in effect seems to fail the test.

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is this just a way of not having to fill up the 'attitude adjustment' and 'how to ask questions in a respectful manner classes'?

or does it also apply to corruption. does disagreeing with the military junta fall into the category of corruption?

surely it is something sensible like this. don't tell me a new law is being made up to chase thaksin - I will be very dissapointed in this government if they make it all about thaksin agian. one side wants to make laws to let the bugger off the hook, the other side wants to prevent his return. come on please be about something else

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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..

You are right there only two weeks ago I went to the local government office in Nathon for a House Yellow Book and they demanded a payment of 30,000 Thai Baht the previous day my friend who lives on Koh Phangan Samuis sister island got his yellow book at a cost of 200 baht and before anyone says that it must have been a mistake my accountant came along with me it was her who told me the amount they were demanding of course she was very polite to them before leading me out and exploding in anger that her fellow countrymen could even consider such fraud for a poxy little yellow house book !!!! Needles to say we walked away.
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does it matter

the gameplan has always been : steal as much as you can, when your time is up, you get a tip from a friend in high place and do a runner, with your assets outside of thailand, you only have to : never return again and you are off scott free

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