Corruption courts to take a tough stance on those who jump bail

[webfact]

Corruption courts to take a tough stance on those who jump bail
THE NATION

BANGKOK: -- AFTER MEETING strong resistance from politicians, newly proposed corruption courts meant to ensure speedy convictions are being toughened according to guidelines laid out by the military-installed government.

On December 23, the Prayut Cabinet approved a bill to set up corruption courts after the Council of State approved a revised version of the bill. Article 6 of the approved bill stipulates that Regional Corruption Courts will be set up across the country.

The Criminal Court's Corruption Cases Division for state officials, which was established in August, will be granted broader powers to target corruption.

Court of Justice spokesman Suebpong Sripongkol said according to the bill, 10 courts would be established including the Central Corruption Court and nine Regional Corruption Courts.

According to Article 20 of the bill, the Central Corruption Court has jurisdiction over Bangkok, Samut Prakan, Samut Sakhon, Nakhon Pathom, Nonthaburi and Pathum Thani.

The bill is meant to ensure expedited court procedures and convictions for state officials and people in the private sector who are guilty of corruption.

The legislation, Suebpong said, plugs loopholes in existing law, such as the problem faced when suspects escape prosecution by fleeing after being temporarily released during police investigations.

Article 14 of the bill states that accused defendants who flee while on bail will face up to an additional six months in jail, a Bt10,000 fine or both.

If a suspect flees during a trial, prosecutors must submit monthly reports on progress made to apprehend the subject, regardless of whether the original corruption case proceeds or not.

Article 13 of the bill stipulates that if suspects accused of corruption abscond, the period of time during which they evaded custody will not count in terms of the statute of limitations. If a court convicts a defendant, the period will also not be counted as part of the sentence.

The intent behind Article 13 is to prevent offenders from evading punishment by absconding. Even if suspects evade capture for decades, they would still face the penalty for fleeing custody as well as the full sentence associated with the original crime regardless of the statute of limitations for the crime. The bill further stipulates that court proceedings will continue during the suspect's absence.

The specified legal procedures in the event of a suspect fleeing custody are the same as those practised by the Supreme Court's Criminal Division for Political Office Holders.

Furthermore, appeals will only be accepted at the Court of Appeals' Corruption Case division, which will also be set up under the new legislation. In the event of appeals, defendants must be present in court and will not be able to designate lawyers to represent them.

Decisions by the Court of Appeals' Corruption Case division will be final.

The only judges who will be eligible for service in the Corruption Courts must have at least 10 years of experience on the bench.

A Cabinet spokesman said each corruption case should be resolved in less than two years. "The Corruption Courts should be operational within the next year,'' he added.

Corruption watchdog groups said the bill still had a loophole regarding judges' leeway to decide how long convicted criminals must remain incarcerated before their sentences could be commuted. A spokesman for the watchdog groups gave the example that if a convict was sentenced to 20 years in jail on corruption charges, he or she should serve at least 10 years, or half of the sentence.

In the past, many convicts in corruption cases have had their sentences commuted, the spokesman added. "Only when the law is sacred [has] the country entered true reform.''

Source: http://www.nationmultimedia.com/politics/Corruption-courts-to-take-a-tough-stance-on-those--30275843.html


-- The Nation 2015-12-29

[sharecropper]

Haven't these people heard of extradition and refusing bail to high profile defendants accused of corruption?

I guess the official blind-eye turned to the Red Bull guy answers the first part of my question...

[EyesWideOpen]

Guess they will be sending crack teams of commandos to Phnom Penh

and Singapore to round up all the Thai bail jumpers living there ?

Start with the Red Bull killer ???

[Oziex1]

When they jump and when they can't find them, well they can't find them!

[worgeordie]

Tough stance, 10,000 THB fine,someone who is given

a twenty year sentence,THEN given bail,is not going to

hang around,would you?

regards Worgeordie

[aussiesteve63]

Haven't these people heard of extradition and refusing bail to high profile defendants accused of corruption?

I guess the official blind-eye turned to the Red Bull guy answers the first part of my question...

Money talks and the rest go to gaol

[robblok]

Wow, finally some good news if they really going to do this then it will be a major improvement, all these things are sensible though the bail jumping could be punished harsher.

[Plutojames88]

It's bizarre an army self installed Government by virtue of ""jumping "" on an elected Government and skipping democracy now plays out a role usually associated with laws and good governance .

Hypocrites

[Melyn]

Wonder if this law will be back dated to, say, 2008

[robblok]

It's bizarre an army self installed Government by virtue of ""jumping "" on an elected Government and skipping democracy now plays out a role usually associated with laws and good governance .

Hypocrites

Yes something like this should have come from the PTP.. but hold on.. their main leader jumped bail.. so you can't expect stuff like this from them. Stuff like as long as you are out of the country the statue of limitation does not apply (would be real bad for their leader so it would never have been done even though its one of the most sensible things ever proposed).

So yes its bad that the army had to propose these kind of things while an elected government should have implemented this. But fat chance with the bunch of criminals in the previous government.

SO you can comment the junta on all their faults (and they do have quite a few) but this is good news.

[robblok]

Wonder if this law will be back dated to, say, 2008

I would certainly hope so, there are loads of important and far more damaging cases against Thaksin that need to be tried. It would be a travesty of justice if he evades those because he is a fugitive on the run.

Of course it should apply to everyone on the run because its stupid that running away would help you escape other court cases.

[Plutojames88]

Wonder if this law will be back dated to, say, 2008

I would certainly hope so, there are loads of important and far more damaging cases against Thaksin that need to be tried. It would be a travesty of justice if he evades those because he is a fugitive on the run.

Of course it should apply to everyone on the run because its stupid that running away would help you escape other court cases.

He isn't on the run .

The country was sick of him winning .

Well the elite that is.

You and your type lack so much education on simple matters.

CNN in the states gave Thaksin a very clear platform .

Same in Australia where he is welcomed but the Junta banned.

Korea same thing.

He ran football clubs as owner in UK .

No one wants to hand him to the Thais .

And the truth is most western Governments view him as a victim.

But go ahead and wave your little Junta flag .

It's pathetic in this climate .

You just look like a ""girlie man""

[robblok]

Wonder if this law will be back dated to, say, 2008

I would certainly hope so, there are loads of important and far more damaging cases against Thaksin that need to be tried. It would be a travesty of justice if he evades those because he is a fugitive on the run.

Of course it should apply to everyone on the run because its stupid that running away would help you escape other court cases.

He isn't on the run .

The country was sick of him winning .

Well the elite that is.

You and your type lack so much education on simple matters.

CNN in the states gave Thaksin a very clear platform .

Same in Australia where he is welcomed but the Junta banned.

Korea same thing.

He ran football clubs as owner in UK .

No one wants to hand him to the Thais .

And the truth is most western Governments view him as a victim.

But go ahead and wave your little Junta flag .

It's pathetic in this climate .

You just look like a ""girlie man""

Keep on dreaming and try to rewrite history he is on the run, remember the case where the bank managers are now doing time for giving out loans they should not have. He was the main culprit there as he pushed the banks into giving out the loans. There are many more far more damming cases against him waiting for him to come back.

Please don't go on lying and stick to the facts, facts are that there are more then a few cases of corruption that are far more damming then the ones he is already convicted for. He wants to avoid those at all cost hence he is on the run.

Now go back to your cave if you can't accept that the guy is on the run with many corruption cases waiting on him.

[waldroj]

"After meeting strong resistance from politicians" - this pretty much says it all!

If we are to believe this piece of fantasy, corrupt people would face the consequences...sooner, and with tougher penalties for bail jumpers.

Won't come soon enough to punish former Democrat, Pracha Phopipit and his wife!

As reported elsewhere, they were out on bail, and were both supposedly too ill to attend their court sessions, yet it seems they have now flown the "coup".

Just another example that political and judicial corruption in Thailand continues with gay abandon (even under junta-head's watch).

[robblok]

"After meeting strong resistance from politicians" - this pretty much says it all!

If we are to believe this piece of fantasy, corrupt people would face the consequences...sooner, and with tougher penalties for bail jumpers.

Won't come soon enough to punish former Democrat, Pracha Phopipit and his wife!

As reported elsewhere, they were out on bail, and were both supposedly too ill to attend their court sessions, yet it seems they have now flown the "coup".

Just another example that political and judicial corruption in Thailand continues with gay abandon (even under junta-head's watch).

Yes under the junta's watch.. I don't are under who's watch corrupt people.. democrats.. PTP whatever need to be punished.

Also people who flee should not be entitled that the statute of limitation runs out on their offence (not only on corruption cases but all other cases red bull comes to mind). Bail should be set far higher for those hi so people, so that they really stand to loose a lot if they run.

[Tatsujin]

"Article 13 of the bill stipulates that if suspects accused of corruption abscond, the period of time during which they evaded custody will not count in terms of the statute of limitations. If a court convicts a defendant, the period will also not be counted as part of the sentence."

That's gonna be interesting to see played out with a few of the people currently on the run.

[robblok]

"Article 13 of the bill stipulates that if suspects accused of corruption abscond, the period of time during which they evaded custody will not count in terms of the statute of limitations. If a court convicts a defendant, the period will also not be counted as part of the sentence."

That's gonna be interesting to see played out with a few of the people currently on the run.

Yes it will be fun, but its a logical law. Why would one benefit from a criminal action (being on the run) and because of it evade prosecution because of the statute of limitation. That is not the reason for having a statute of limitations, the reason is that one should not be prosecuted for something that happened a long time ago without there being any investigation into a case of being summoned for court. Not for running away when your indited making sure you can't be tried for the crime.

This a real sound law that should have been in the books years and years earlier.

[GarryP]

It's bizarre an army self installed Government by virtue of ""jumping "" on an elected Government and skipping democracy now plays out a role usually associated with laws and good governance .

Hypocrites

Yes something like this should have come from the PTP.. but hold on.. their main leader jumped bail.. so you can't expect stuff like this from them. Stuff like as long as you are out of the country the statue of limitation does not apply (would be real bad for their leader so it would never have been done even though its one of the most sensible things ever proposed).

So yes its bad that the army had to propose these kind of things while an elected government should have implemented this. But fat chance with the bunch of criminals in the previous government.

SO you can comment the junta on all their faults (and they do have quite a few) but this is good news.

I think your comment “But fat chance with the bunch of criminals in the previous government.” Is misplaced. It would apply to any Thai elected government with very few, if any, exceptions. The Democrats, Chart Pathana, Palang Chon, etc. and their ilk are not known as saints either. There are not many that seek election that are not looking to getting their finger in the pie, and those that aren't often get brought round to the thinking of those that do, either voluntarily of through coercion.

The penalty for absconding is pathetic though.

I do concur though that this is good news.

[Srikcir]

A new 19 court system with judges initially selected by junta appointed officials and given broad powers - another EC in the making.

Another roadblock to keep a drunken democracy off the highway.

[robblok]

It's bizarre an army self installed Government by virtue of ""jumping "" on an elected Government and skipping democracy now plays out a role usually associated with laws and good governance .

Hypocrites

Yes something like this should have come from the PTP.. but hold on.. their main leader jumped bail.. so you can't expect stuff like this from them. Stuff like as long as you are out of the country the statue of limitation does not apply (would be real bad for their leader so it would never have been done even though its one of the most sensible things ever proposed).

So yes its bad that the army had to propose these kind of things while an elected government should have implemented this. But fat chance with the bunch of criminals in the previous government.

SO you can comment the junta on all their faults (and they do have quite a few) but this is good news.

I think your comment “But fat chance with the bunch of criminals in the previous government.” Is misplaced. It would apply to any Thai elected government with very few, if any, exceptions. The Democrats, Chart Pathana, Palang Chon, etc. and their ilk are not known as saints either. There are not many that seek election that are not looking to getting their finger in the pie, and those that aren't often get brought round to the thinking of those that do, either voluntarily of through coercion.

The penalty for absconding is pathetic though.

I do concur though that this is good news.

Sure in other governments there were criminals too, and most (if not all) are out for personal gain. But the previous one was even worse with their blanket amnesty including all those corruption cases. I am against all corruption Democrats, PTP, army, I really don't care they should all be held accountable.

Now I am no fool and as long as a certain group is in power they won't go after their own, so that is one of the reasons I welcomed the coup (though I have serious thoughts against them now). Thing is only a changing of the group in power will lead to punishment of any corruption. It is far from perfect but better as no punishment of any corruption. Now whoever gets in power next will go after people they don't like for corruption and you won't hear me moan even if they are people I like because I think all corruption should be punished.

So in my book even thought his law is made by a junta its a good thing.

[mmh8]

Would prefer to see corruption courts actually perform function they were designed for.

[Misterwhisper]

"AFTER MEETING strong resistance from politicians..."

This tells you everything you need to know. Disgusting, self-serving bunch...

[smutcakes]

Instead of giving new powers or new courts, could the judges not be far more strict and sensible in terms of who they grant bail and under what conditions? All of these new this and that mean absolutely nothing if the courts fail for one reason or another to do their jobs and grant bail to people who have the means and more to flee the country and remain there.

[WitawatWatawit]

Quote:

"Corruption watchdog groups said the bill still had a loophole regarding judges' leeway to decide how long convicted criminals must remain incarcerated before their sentences could be commuted."

This is indeed a major flaw, along with loose avenues for appeal by the prosecution to a spurious judgement, and the freely given-out leniency for "cooperating" with investigators.

Non-parole needs to have a legally established time period (I'm not sure it is at the moment), and no argument.

Lenient sentencing should still include a rigid non-parole period, but include the site of incarceration -- offenders who cooperate will still be required to serve the full non-parole period, but their release will be more leniently adjudicated (if they continue to cooperate), while their incarceration will be in an "easier" facility (with, perhaps, more protection against retaliation).

As for avenues for appeal by the prosecution, I'm not sure how the current system operates, but ultimately it should be easy to access, and it should be open to the private citizen to seek a criminal retrial (either through a special juridical panel or the ombudsman) rather than just hope for civil litigation to achieve some kind of justice for themselves.

[robblok]

Instead of giving new powers or new courts, could the judges not be far more strict and sensible in terms of who they grant bail and under what conditions? All of these new this and that mean absolutely nothing if the courts fail for one reason or another to do their jobs and grant bail to people who have the means and more to flee the country and remain there.

Good remark, only the statute of limitations is a new law and a good one at that (its crazy that fugitives benefit from their running). So your other remarks are valid. The whole bail thing is crazy here though in most countries there is bail. However here you see that rich people (no matter what side they are on) get bail while poor usually don't.

While they are at it they should also make sure that cours work a bit faster and less delays are allowed.

[billd766]

It's bizarre an army self installed Government by virtue of ""jumping "" on an elected Government and skipping democracy now plays out a role usually associated with laws and good governance .

Hypocrites

What is more hypocritical.

This government which actually doing something about it previous elected governments who did nothing?

In fact the previous government completely ignored laws it didn't like and had no idea what good governance even meant.

[waldroj]

robblok

On the subject of bail, the following link provides some general information about the way the process is done in Thailand. See http://www.thailandbail.com/faq/

Only caveat is that I offer this for info only (without any endorsement of the company).

[Baerboxer]

Haven't these people heard of extradition and refusing bail to high profile defendants accused of corruption?

I guess the official blind-eye turned to the Red Bull guy answers the first part of my question...

The Red Bull guy was never accused of corruption.

This is specifically aimed at corruption charges.

It seems jumping bail for causing death isn't as serious or a big a problem as jumping bail for corruption.

Extradition - too much paperwork. And why bother when the rich will never be really convicted and really punished anyway?

Bail - the rich and elite wouldn't like not being given bail. Can't have them upset. You don't understand Thailand. Must keep face and show they can afford bail. If they decide to go off somewhere, oh well, never mind we can keep the money. Everyone happy.

[robblok]

robblok

On the subject of bail, the following link provides some general information about the way the process is done in Thailand. See http://www.thailandbail.com/faq/

Only caveat is that I offer this for info only (without any endorsement of the company).

I know that there are guidelines for bail however it seems that often its the rich that get bail and not the poor. Anyway I am not against bail at all, as long as there are precautions.

I do find it strange though that someone who is found guilty can post bail and be out of jail during an appeal.

[waldroj]

robblok

Aah, the skewed presumption of innocence in Thailand.

Although convicted (of corruption) in the criminal court, high-profile perpetrators frequently seem to be granted token bail while waiting for their case to be retried by the appeals court (eventually to abscond when the outcome goes against them).