The Relation Between Criminal and Disciplinary Proceedings: A Case Study on Decision-Making by the National Anti-Corruption Commission

Abstract

This article examines the case of the National Anti-Corruption Commission (NACC), which is tasked with identifying both criminal and disciplinary action related to corruption in office, as well as violations of official duties and justice obligations. Specifically, in the case of disciplinary offenses, which can determine both criminal and disciplinary action simultaneously. This study analyzes the principles and concepts governing the interplay between criminal proceedings and disciplinary actions, highlighting their distinct nature. Additionally, it reviews foreign legal frameworks, focusing on the Hong Kong Special Administrative Region and Singapore—both of which exemplify anti-corruption entities that primarily emphasize criminal enforcement. In contrast, France employs a disciplinary approach that delegates authority to commanders and parent organizations. The findings revealed that Thailand's framework, grants the responsibility for both criminal and disciplinary action, which is misaligned with the original objectives of its establishment and may intrude upon the authority of civil service oversight bodies. Consequently, this study advocates for amendments to the law, proposing that the National Anti-Corruption Commission (NACC) shall be limited to investigating and adjudicating solely within the realm of criminal proceedings.