webfact Posted September 21, 2015 Share Posted September 21, 2015 Legal slip saved Sombat from 2 years in jailKASAMAKORN CHANWANPENTHE NATION NulingBANGKOK: -- ANTI-COUP activist Sombat "Nuling" Boonngam-anong yesterday survived a penalty for violating an order from the junta that he report to the military.A court ruled the announcement stipulating the penalties came after the summons request and could not be applied retroactively, Sombat's lawyer Pavinee Chumsri said.Pavinee, who serves as a lawyer at Thai Lawyers for Human Rights (TLHR), explained that the National Council for Peace and Order (NCPO)'s order No 3/2014 requesting 'Nuling' to report himself did not stipulate any penalty would be imposed if those whose names were on the list violated the order.And the NCPO's announcement No 41/2014, which set out the two-year imprisonment, came late after that, she said. So, Pavinee said the court ruled that announcement 41/2014 could not be applied to 'Nuling' retroactively.Although he survived imprisonment, 'Nuling' was fined Bt500 for violating Article 38 of the Criminal Code for failing to observe the order, she said.Asked if this could be standardised - that no penalties would be applied for violating the NCPO's orders and announcements, the lawyer said no. If the action had come after No 41/2014, the violator would have faced punishment as stipulated under the announcement, which is the law.All these developments came after the prosecutor took legal action against 'Nuling' for violating the junta's order and the court set yesterday as the hearing date.Source: http://www.nationmultimedia.com/politics/Legal-slip-saved-Sombat-from-2-years-in-jail-30269271.html-- The Nation 2015-09-22 Link to comment Share on other sites More sharing options...
ezzra Posted September 21, 2015 Share Posted September 21, 2015 Saved by the slip? Link to comment Share on other sites More sharing options...
ramrod711 Posted September 22, 2015 Share Posted September 22, 2015 Some recent court rulings seem to indicate that judges are becoming more independent and fair minded, not just a rubber stamp for whichever party is in power. Perhaps it isn't too late for Thailand to develop "justice for all". Link to comment Share on other sites More sharing options...
MaxLee Posted September 22, 2015 Share Posted September 22, 2015 "Legal slip slap on the wrist saved Sombat from 2 years in jail Link to comment Share on other sites More sharing options...
FangFerang Posted September 22, 2015 Share Posted September 22, 2015 They already applied laws retroactively, much to the amusement of the World Court. Thai judges are well aware how archaic and aristocratic such actions are seen to be on the world stage. Link to comment Share on other sites More sharing options...
klauskunkel Posted September 22, 2015 Share Posted September 22, 2015 'Nuling' was fined Bt500 ah, the Bt500 fine rearing it's head, feels good to have at least one reliable standard in the justice system. (jingle start) "500 baht - the fine you can count on!" (end jingle) Link to comment Share on other sites More sharing options...
GarryP Posted September 22, 2015 Share Posted September 22, 2015 I think you will find that they only apply laws retroactively here if the newly introduced laws are explicit on retroactive enforcement and quite a few are. If the NCPO introduces anymore laws, you can be sure they will include a section to this effect. However, I personally do not believe any law or section of law relating to punishment or imposition of penalties should have retroactive effect and any sections or clauses to such effect should be null and void. You should only be punished under the laws in force at the time you commit the crime. Otherwise, new laws could be introduced to target certain individuals (who have differing viewpoints) or create a witch hunt. Link to comment Share on other sites More sharing options...
maidee Posted September 22, 2015 Share Posted September 22, 2015 it's good to know powerfull people in place so the law does not apply to you Link to comment Share on other sites More sharing options...
Thai at Heart Posted September 22, 2015 Share Posted September 22, 2015 It's great when u get not only to write laws for the future but the past also isn't it. Imagine playing cards like that.... Link to comment Share on other sites More sharing options...
Srikcir Posted September 22, 2015 Share Posted September 22, 2015 Article 38 of the Criminal Code citation may be incorrect. Sadly, the court recognizes the legality of junta directives as if they were organic laws. The judicial system now openly operates at the dictates of the junta and not as an independent branch of government. It's hard to understand that as key to judicial reform. The criminal court should recuse itself from judging any case resulting from refusal to follow any junta directives. The court should confine itself solely to pre-coup and post-NLA laws. The junta can and does act in any case as its own court under Article 44 of the Interim Charter. Link to comment Share on other sites More sharing options...
Longtooth Posted September 23, 2015 Share Posted September 23, 2015 I would guess every government in the world has passed some "ex post facto" laws, in one form or another. It's obviously bad. Just say'n. Link to comment Share on other sites More sharing options...
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