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The Execution of the Powers and Duties of the National Counter Corruption Commission - Announcement of the Council for Democratic Reform No. 31 - [2006] THCDR 31 (30 September 2006)

Announcement of the Council for Democratic Reform
No. 31
Re: The Execution of the Powers and Duties of the National Counter Corruption Commission

Whereas the Announcement of the Council for Democratic Reform No. 19 dated 22nd September B.E. 2549 (2006) extends the enforcement of the Organic Law on National Counter Corruption Commission, B.E. 2542 (1999), appoints the National Counter Corruption Commission, and extends the enforcement of the Organic Law on Criminal Procedure for Persons Holding Political Positions, B.E. 2542 (1999). It appears thereafter that there are large numbers of cases to be considered at the Office of the National Counter Corruption Commission due to very long period of vacancy of the National Counter Corruption Commission. It is therefore expedient to enhance efficiency in, and to increase in speed of, such task. The Council for Democratic Reform hereby announces as follows:

Clause 1. The provisions of clause 1 and clause 2 of the Announcement of the Council for Democratic Reform No. 19 dated 22nd September B.E. 2549 (2006) shall be repealed and replace by the following:

“Clause 1. The repeal of the Constitution of the Kingdom of Thailand is not affect the enforcement of the Organic Law on National Counter Corruption Commission, B.E. 2542 (1999). The Organic Law on National Counter Corruption Commission, B.E. 2542 (1999) shall be in force until the enactment of the law amending or repealing thereof. The National Counter Corruption Commission appointed by the Announcement of the Council for Democratic Reform No. 19 dated 22nd September B.E. 2549 (2006) is deemed to be legally selected and appointed under the Organic Law on National Counter Corruption Commission, B.E. 2542 (1999).

Clause 2. The repeal of the Constitution of the Kingdom of Thailand is not affect the enforcement of the Organic Law on Criminal Procedure for Persons Holding Political Positions, B.E. 2542 (1999). The Organic Law on Criminal Procedure for the Persons Holding a Political Positions, B.E. 2542 (1999) shall be in forced until the enactment of the law amending or repealing thereof.”

Clause 2. The National Counter Corruption Commissioner appointed by the Announcement of the Council for Democratic Reform No. 19 dated 22nd September B.E. 2549 (2006) shall hold the office as from the day of being appointed by such Announcement and shall hold the office for the term as prescribed by the Organic Law on National Counter Corruption Commission, B.E. 2542 (1999).

Clause 3. In the case where a person holding political position intentionally fails to submit an account stating his or her assets and liabilities and documents related therewith to the National Counter Corruption Commission within the period as prescribed by the Organic Law on National Counter Corruption Commission, B.E. 2542 (1999), the provisions of section 34 shall be applied to such failure as if it is the case of intentionally submits an account having false statement related to assets and liabilities and documents related therewith or conceals the fact which should be revealed.

Clause 4. In an investigation to the changing of assets and liabilities of a person holding political position, the National Counter Corruption Commission shall have the power to seize or attach any unusual increased asset temporarily. In this case, a person holding political position may request a release to such asset for utilisation, with or without bond or security.
If there is temporary seizure or attachment under paragraph one, the National Counter Corruption Commission shall conduct identification to source of such asset without delay. In the case where a person holding political position is unable to provide evidence stating that asset under seizure or attachment does not increase unusually, the National Counter Corruption Commission shall have the power to continue seizure or attachment until the National Counter Corruption Commission passes a resolution, within one year as from the date of seizure or attachment, declaring that such asset does not increase unusually or until the final judgment dismissing the petition is rendered. If such person is able to identify source of such asset, it shall be returned to such person.

Clause 5. The National Counter Corruption Commission may, in an investigation of fact under the Organic Law on National Counter Corruption Commission, B.E. 2542 (1999), assign the competent official who has been appointed to conduct an investigation of fact to collect witness and evidence and to prepare and submit a report thereon to the National Counter Corruption Commission in accordance with rules and procedure as prescribed by the National Counter Corruption Commission.

Clause 6. In the case where the National Counter Corruption Commission deems appropriate, it may submit an accusation that a government official other than a person under section 66 committing an offence of dishonest in the discharge of duty, malfeasance in office or malfeasance in judicial office which is being under its consideration to the superior or the person having the power to appoint or remove such government official from office to execute disciplinary measure or to perform any measure under his or her powers and duties, as the case may be, or may submit such matter to an inquiry official to conduct further proceedings under the Criminal Procedure Code.

Clause 7. A resolution of the National Counter Corruption Commission, irrespective of a resolution in giving decision or approval, shall be made by a majority of votes.

Clause 8. All provisions of the Organic Law on National Counter Corruption Commission, B.E. 2542 (1999) which are contrary to, or in consistent with, this Announcement shall be replaced by this Announcement.

Given on the 30th Day of September B.E. 2549

(Sign) General Sonthi Boonyaratkalin
(Sonthi Boonyaratkalin)
Chairperson of the Council for Democratic Reform

Certified translation

(Mr. Chukiert Ratanachaichan)
Permanent Law Councillor
Acting for the Secretary-General of the Council of State