Drafters hear opinions on new law to fight corruption
By The Nation

 

Meechai

 

BANGKOK: -- The Constitution Drafting Commission (CDC) on Wednesday held a public discussion over a new organic law on criminal procedures for political-office holders, which aims make dealing with corrupt politicians more efficient.

 

CDC chairman Meechai Ruchupan sought participants views on three major issues at the forum. 

 

One was whether the judiciary procedure should continue regardless of the absence of defendants. He said the defendants of corruption cases could have their lawyers represent them, just like they would represent their clients in normal cases. 

 

The other two points he raised were improving the speed of the legal procedure while maintaining justice and the possibility of separating minor defendants from corruption cases where the defendants cannot be found, which resulted in the case being dropped.

This proposal would allow minor defendants to fight their cases in a normal court.

 

Full story: http://www.nationmultimedia.com/news/national/30307797

 

-- © Copyright The Nation 2017-03-03

Quote

maintaining justice and the possibility of separating minor defendants from corruption cases where the defendants cannot be found, which resulted in the case being dropped.

This proposal would allow minor defendants to fight their cases in a normal court.

The defendant who can't be found can now fight his case in normal court.

Ahem, what? Tried to wrap my brain around this piece of logic, and now it hurts.

Shadow boxing. 

Is there such a thing as self arrest  here in Thailand??

"..........................which aims make dealing with corrupt politicians more efficient."

 

Does this mean that it would be easier to facilitate those transfer of boxes of donuts stealthily under cover of darkness?

Just now, catinthehat said:

"..........................which aims make dealing with corrupt politicians more efficient."

 

Does this mean that it would be easier to facilitate those transfer of boxes of donuts stealthily under cover of darkness?

Just being facetious.

There are plenty of laws on the books.  What needs to happen is somebody has to enforce the laws.  And that won't happen without a massive change in the Thai mentality, schooling, upbringing, a sense of belonging and having an effect on things which is something you won't get if always under a dictatorship

Another classic military style charade where they pretend to listen to public opinion and then do whatever they want anyway.

"Meechai also explained that the CDC was trying to improve the organic law by imposing an inquisitorial system rather than the current accusatorial system for the sake of speed."

And that is exactly what is needed. We all know someone who has been accused of something or other, often by the exgirlfriend, and ends up in the nick, even when the charge is absurd.

The system we have currently is the Accusatorial one, so someone complains the cops make an arrest, even if the complaint is spurious. The cops pick up the accused. He is charged.

In the inquisitorial system the cops actually have to check out the accusation, and identify witnesses and alibis, thus preventing innocent people having to wait 12-18 months to get to court.

Same as in the developed world. 6 people say you were with them, you are released.

While this is definitely the path to follow, I feel sorry for whoever has the unfortunate task of teaching the police to actually be, Police.

 

Doesn't matter what laws you introduce. Until all laws are applied, enforced equally, fairly, honestly, to all, without favor, exception or selectively then nothing will change. 

6 hours ago, klauskunkel said:

The defendant who can't be found can now fight his case in normal court.

Ahem, what? Tried to wrap my brain around this piece of logic, and now it hurts.

Thailand practices "In Absentia" trials and hearings.

International Law says in such cases, you are entitled to have a lawyer, OF YOUR CHOOSING, to represent you, even if you aren't there in person.

Currently, if you don't turn up (maybe the warrant never reached you, so you don't know), and your lawyer isn't there, (possibly as he doesn't know either),the court appoints any one who happens to be standing around.

You are not going to get a good defence at that point, and can expect a custodial sentence.

You can appeal that, if they manage to find you inside 30 days, after which, your appeal window is closed, go serve your time.

This happens a lot more often than you might think.

This is designed to bring Thailand in line with International practice to make sure you are at least properly represented at court.

10 minutes ago, Baerboxer said:

Doesn't matter what laws you introduce. Until all laws are applied, enforced equally, fairly, honestly, to all, without favor, exception or selectively then nothing will change. 

You notice that too !!! Good on you mate.

Just watching the news on TNN 16 and the Thai news are outing FAKE monks so that's a step in the right direction.

8 hours ago, gk10002000 said:

There are plenty of laws on the books.  What needs to happen is somebody has to enforce the laws.  And that won't happen without a massive change in the Thai mentality, schooling, upbringing, a sense of belonging and having an effect on things which is something you won't get if always under a dictatorship

 

Yawn...

4 hours ago, Eric Loh said:

You notice that too !!! Good on you mate.

 

Double yawn...

 

By the way el, care to add some specific and balanced logic to your comment?