Attorney-general recommends changes that will make prosecution free of political influence

[webfact]

Attorney-general recommends changes that will make prosecution free of political influence



BANGKOK: -- The attorney-general has formally recommended the chairman of the Constitutional Drafting Committee (CDC) to include an amendment in the draft charter that will make the Office of the Attorney General an independent organisation free of political interference and has its own prosecution commission to carry out personnel management, budgeting and administrative work.

The recommendation was made by the attorney-general Pol Sub Lt Pongniwat Yuthaphanboriparn to CDC chairman Meechai Ruchuphan yesterday.

The Office of the Attorney-General is now a constitutional organisation but reports directly to the prime minister.

In his formal message to Mr Meechai, the attorney-general recommended that the prosecution organisation should have a separate clause in the draft charter that defines clearly of its constitutional organisation status that is truly free of political influence, particularly from government, in administrative, personnel, budgeting managements, and other work.

He also recommended that the prosecution organisation must have a prosecution commission to handle administrative work, and 2 commission members appointed by the Senate, 1 by the Cabinet, and 1 by the prosecution organisation.

The attorney-general can be removed and impeached by the Senate, and prosecution officials must not be appointed to board of directors of state enterprises, or of private sector, or appointed advisors of holders of political offices, or perform other occupation that could have impact on official duties.

Besides, he recommended that any decision to pursue or not to pursue prosecution, appeal or not to appeal a case by the attorney-general must produce written reason.

He reasoned that these recommendation will enable the country’s prosecution standard meeting international standards.

Source: http://englishnews.thaipbs.or.th/attorney-general-recommends-changes-that-will-make-prosecution-free-of-political-influence


-- Thai PBS 2015-11-23

[cockatoowho]

Looks to me like a the way to travel, lets see how much backing he gets from the top down.

[Emster23]

"The attorney-general can be removed and impeached by the Senate" I would suggest being very clear as to what would be an impeachable offense.

[oneday]

It would be nice to see this happen, but it's a pipe dream. Too many politicians want to keep control on everything.

[h90]

yes fair no politics just who pay most.

[Thai at Heart]

The attorney general should have to produce a specific ruling in a post of law why or why not to continue with a prosecution. Seems they go forward when pushed politically, not according to a point of law.

[ggt]

Not going to happen...even if it is written into law...people of influence will always use their position to do a little behind the scenes arm twisting...

Even the President to the US gets on television and tells the minions who he thinks is guilty or not...while on-going cases are being researched and prosecuted...

Hint...Democrats who commit crimes and (who obstruct justice by destroying files, documents, discs, and computers...even destroying backup files) declared innocent by this unbiased President of ALL the people...what a guy...

[T_Dog]

So let's start with the Koh Tao case.

[Lupatria]

Would he go that far to ask make prosecution free of interference from influential people and their money?

[realenglish1]

Great Idea INDEPENDENT Judiciary

[tomacht8]

He reasoned that these recommendation will enable the country’s prosecution standard meeting international standards.

A attorney-general must be independent and free of political influence.
Otherwise he can not perform his duty.

[Thai at Heart]

http://asiancorrespondent.com/2012/06/thailand-how-the-meaning-of-and-starts-a-constitutional-crisis/

Doesn't really matter whether hes independent or not, when it takes the constitution court to interpret what he can and cannot do.

This is what happens when you rewrite a constitution very poorly. Every single legal act comes under scrutiny and deliberation to work out what the intention of the writers actually was. Note, almost NO one interpreted the constitution to mean what the constitution court said it did in this matter. NO one.

[Baerboxer]

The attorney general should have to produce a specific ruling in a post of law why or why not to continue with a prosecution. Seems they go forward when pushed politically, not according to a point of law.

Go forward when pushed politically - or backwards! Remember some very creative reasons put forward why some prosecutions weren't pursued despite clear evidence already in the public domain.

OAG's have been very reluctant to do anything for fear of upsetting their political masters - the group in power and the group who might be in power next time.

This would be an enormous step forward - but doubtful ever likely to happen.

[Baerboxer]

He reasoned that these recommendation will enable the country’s prosecution standard meeting international standards.

A attorney-general must be independent and free of political influence.

Otherwise he can not perform his duty.

And honest too.

So must judges be independent and honest. And those that enforce the law and investigate cases and prepare evidence for the prosecutors.

And then the law must be unbiased, applied to all equally and not be swayed by wealth, connections, family name, perceived position in society.

Easy to say, but IMO, most if not all justice systems suffer from some bias - be it race, religion, wealth, class or whatever.

Chances of Thailand having a fair, equitable justice system are about the same as having transparent ethical politicians.

[Srikcir]

Merge the OAG with NACC. They both have overlapping authority, just that NACC is directed solely to public and former public officials while OAG is directed towards the penal code.

In most government systems there are three branches: the executive, the legislature, and the judiciary. In Thailand prior to the 2014 coup d'etat there were four additional in the form of independent organizations making a total of 7 branches of government. With all the proposals for the new constitution, I think the number is now on the order of 12-15 branches of government.

Design for a failed State.