CDC may allow courts to hold in-absentia trials

[rooster59]

CDC may allow courts to hold in-absentia trials

By KHANITTHA THEPPAJORN
THE SUNDAY NATION

 

THE CONSTITUTION Drafting Commission (CDC) is considering giving power to courts to proceed with cases against political office-holders who have fled the country in a move to deal with their offences more effectively, CDC spokesman Udom Rathammarit said yesterday.

 

Udom said the law-drafting panel was working on an organic law concerning deliberations on offences of political office-holders along with other legislation, including political parties and the Election Commission, which were 90 per cent completed.

 

The CDC is considering giving courts the power to proceed in cases where offenders have fled the country so that the cases are not held up and potentially cause evidence to disappear.

 

Full story: http://www.nationmultimedia.com/news/national/30305178

 

 

 

-- © Copyright The Nation 2017-01-29

[Reigntax]

Another typical junta law to specifically target a certain Shin. He surely got up the noses of those with their heads in the troughs.

 

How about a law against taking control of a country by force, giving yourself an amnesty and abuse of human rights.

[Artisi]

Should be for all who abscond or refuse or can't be found to face outstanding charges, not just the scumbag politicians.

Can think of a couple of high profile monks, the son of a drink manufacturer - and there must be many others .

[mtls2005]

Next up, dispatch hit squads to go kill them.

 

The longer they are in power the crazier they get, "Absolute Power" and all that.

 

 

[smedly]

15 minutes ago, Artisi said:

Should be for all who abscond or refuse or can't be found to face outstanding charges, not just the scumbag politicians.

Can think of a couple of high profile monks, the son of a drink manufacturer - and there must be many others .

have to agree - it should apply to everyone, if someone has done wrong and are not interested in defending themselves in person then they have made that choice

[robblok]

33 minutes ago, smedly said:

have to agree - it should apply to everyone, if someone has done wrong and are not interested in defending themselves in person then they have made that choice

Agree.. should apply to everyone.. red bull springs to mind. But this is a start. 

[mtls2005]

The Thai "legal" system is based on The Law of the Three Seals (1805).

 

If you think this system assures equal application of the law regardless of position, you would be sorely disappointed.

 

The "legal" system here is also very "flexible" in that it can be applied "selectively" to punish opponents.

 

Even with "judicial reforms", the ruling classes will never allow the "rules" which benefit them to change.

[jollyhangmon]

<... giving courts the power to proceed in cases where offenders have fled the country ...>

 

About time, long since possible in places with far better (practised) laws, generally to avoid the suckers succeeding in just falling off the grid until 'limitation of time' kicks in.
Of course it has to be applied on everyone concerned. 

[darksidedog]

1 hour ago, robblok said:

Agree.. should apply to everyone.. red bull springs to mind. But this is a start. 

Disagree. Many In Absentia hearings happen without the defendant even having been informed of proceedings.

At that point, you are deprived of your right to have an attorney of your choice represent you, and the court will appoint the first Muppet they can find.

In Absentia Hearings are a very bad way to dispense justice.

This is why you rarely find them in civilised countries.

Edited January 29, 2017 by darksidedog

[smedly]

7 minutes ago, darksidedog said:

Disagree. Many In Absentia hearings happen without the defendant even having been informed of proceedings.

At that point, you are deprived of your right to have an attorney of your choice represent you, and the court will appoint the first Muppet they can find.

In Absentia Hearings are a very bad way to dispense justice.

This is why you rarely find them in civilised countries.

that is very easily rectified - right ?

 

either turn up or be allowed representation, none of which I see being denied in the OP

[elgordo38]

4 hours ago, rooster59 said:

The CDC is considering giving courts the power to proceed in cases where offenders have fled the country so that the cases are not held up and potentially cause evidence to disappear.

Is this just another "dance around the mulberry bush" with Thaksin. Wow they have sure beat this puppy to death resuscitated it and beat it to death again. The mileage they are getting out of Thaksin is truly amazing. 

[jollyhangmon]

18 minutes ago, darksidedog said:

Disagree. Many In Absentia hearings happen without the defendant even having been informed of proceedings.

At that point, you are deprived of your right to have an attorney of your choice represent you, and the court will appoint the first Muppet they can find.

In Absentia Hearings are a very bad way to dispense justice.

This is why you rarely find them in civilised countries.

Care to explain in which 'civilized' countries the first to be found 'Muppet' gets appointed?

You mean it's better for the victim(s) to go after and rid the world from some oxygen-thief(s) by themselves?

Fine for me as a matter of fact although not exactly civilized ... 

[Reigntax]

32 minutes ago, smedly said:

that is very easily rectified - right ?

 

either turn up or be allowed representation, none of which I see being denied in the OP

 

It certainly is in a civilised country with a decent legal system, equally applied to all.

 

Not sure Thailand meets any such criteria, nor will in the forseeable future. Couldnt name a single case over the last 5 years where Thai authorities would promote the handling of the case to show off their expertise.

 

I know the PM thanked those involved in the KT murder case for their thoroughness and skills. Enough said really!!

[ramrod711]

6 hours ago, rooster59 said:

The CDC is considering giving courts the power to proceed in cases where offenders have fled the country so that the cases are not held up and potentially cause evidence to disappear.

A terrific Idea, who is going to enforce a law that states such a thing? There is a long history of scofflaws hiding in foreign countries, and it didn't start with Thaksin. His case would be an ideal place to start though.

[SaintLouisBlues]

Just now, ramrod711 said:

A terrific Idea, who is going to enforce a law that states such a thing? There is a long history of scofflaws hiding in foreign countries, and it didn't start with Thaksin. His case would be an ideal place to start though.

I thought he'd already been convicted in absentia

[George Graham]

5 hours ago, smedly said:

have to agree - it should apply to everyone, if someone has done wrong and are not interested in defending themselves in person then they have made that choice

And what's your take on a bunch of people who do wrong and then grant themselves amnesty?

[Srikcir]

1 hour ago, SaintLouisBlues said:

I thought he'd already been convicted in absentia

I believe that the junta wants to further charge Thaksin with a host of charges beginning with lese majeste aside from the one for which Thaksin was already been tried in absentia.

http://englishnews.thaipbs.or.th/prayut-indicates-thaksin-could-face-lese-majeste-charge/

[candide]

1 hour ago, Srikcir said:

I believe that the junta wants to further charge Thaksin with a host of charges beginning with lese majeste aside from the one for which Thaksin was already been tried in absentia.

http://englishnews.thaipbs.or.th/prayut-indicates-thaksin-could-face-lese-majeste-charge/

Defamation, lese majeste, computer crime... The Junta has now all the tools to charge him or others at its convenience.

[ramrod711]

1 hour ago, Srikcir said:

I believe that the junta wants to further charge Thaksin with a host of charges beginning with lese majeste aside from the one for which Thaksin was already been tried in absentia.

http://englishnews.thaipbs.or.th/prayut-indicates-thaksin-could-face-lese-majeste-charge/

 

Not to be rude, and please don't hesitate to correct me if I'm wrong, but I didn't see anything in that link to indicate that Thaksin had been convicted in absentia. I realize that he was convicted in the land purchase case in 2008, but the link doesn't reflect that conviction as far as I can see.

Edited January 29, 2017 by ramrod711

[sjaak327]

10 minutes ago, ramrod711 said:

 

Not to be rude, and please don't hesitate to correct me if I'm wrong, but I didn't see anything in that link to indicate that Thaksin had been convicted in absentia.

A quick search will reveal he was convicted in absentia.

[Reigntax]

3 hours ago, George Graham said:

And what's your take on a bunch of people who do wrong and then grant themselves amnesty?

 

Worse still, grant themselves amnesty from prosecution for all and any future intentional crimes and illegal activity.

[Artisi]

23 hours ago, robblok said:

Agree.. should apply to everyone.. red bull springs to mind. But this is a start. 

Yeah, but he has an excuse,  the poor little bugger has a head cold and can't fly  back from Singapore.

Edited January 30, 2017 by Artisi

[robblok]

4 minutes ago, Artisi said:

Yeah, but he has an excuse,  the poor little bugger has a head cold and can't fly  back from Singapore.

It would be great if they convicted him and others in absentia. Mostly the people leaving the country are rich and can afford to have lawyers represent them. They left the country to avoid punishment. Thaksin, Redbull guy, jetset monk and others should all be tried. Its not like they don't know they are wanted in trials or have no money for a lawyer. 

[elgordo38]

On 1/29/2017 at 11:52 AM, Reigntax said:

I know the PM thanked those involved in the KT murder case for their thoroughness and skills. Enough said really!!

Its called trying to govern harmoniously and garner trust. Failed effort. 

[sjaak327]

3 hours ago, robblok said:

It would be great if they convicted him and others in absentia. Mostly the people leaving the country are rich and can afford to have lawyers represent them. They left the country to avoid punishment. Thaksin, Redbull guy, jetset monk and others should all be tried. Its not like they don't know they are wanted in trials or have no money for a lawyer. 

Oh the Redbull guy is one of the good guys, he has nothing to worry about and will never stand trial...

[robblok]

5 minutes ago, sjaak327 said:

Oh the Redbull guy is one of the good guys, he has nothing to worry about and will never stand trial...

If that was the case he would not have fled the country. 

[SaintLouisBlues]

Just now, robblok said:

If that was the case he would not have fled the country. 

Better safe than sorry

[sjaak327]

1 minute ago, robblok said:

If that was the case he would not have fled the country. 

Hmm, did you read the op ? The proposal is only for political office holders, common criminals have nothing to fear, all they need to do is get out of the country.

[robblok]

4 minutes ago, sjaak327 said:

Hmm, did you read the op ? The proposal is only for political office holders, common criminals have nothing to fear, all they need to do is get out of the country.

I read it, i remarked that it should apply to everyone . Then you came back with but he is one of the good guys.. So i assumed we were discussing that he had nothing to worry even IF it applied to everyone . If that was the case he would not even had to flee the country if his protection was that good.

 

Would be nice if ALL criminals would be tried in absentia if they fled the country. Usually fleeing the country is only for those with a lot of money. They could even have a lawyer represent them or even do video conference during the trial. Too long has fleeing the country been an escape for the rich. Its time this changes, if that means first political office holders so be it.. but I prefer it to be fore everyone. 

[sjaak327]

18 minutes ago, robblok said:

I read it, i remarked that it should apply to everyone . Then you came back with but he is one of the good guys.. So i assumed we were discussing that he had nothing to worry even IF it applied to everyone . If that was the case he would not even had to flee the country if his protection was that good.

 

Would be nice if ALL criminals would be tried in absentia if they fled the country. Usually fleeing the country is only for those with a lot of money. They could even have a lawyer represent them or even do video conference during the trial. Too long has fleeing the country been an escape for the rich. Its time this changes, if that means first political office holders so be it.. but I prefer it to be fore everyone. 

Of course it should apply to everyone. Heck the law should apply to everyone, including people that have granted themselves amnesty for past and future crimes, they don't even have to flee the country ! As long as that isn't happening, anything this government does (and especially when justice is concerned) is met with scepticism and disbelief...

Edited January 30, 2017 by sjaak327