Litigation Concerning Deliberate Failure of Submitting an Account of Assets and Liabilities or Submitting a False Account of Assets and Liabilities or Concealing Fact which should Be Disclosed by Local Administrator, of a Local Government

Abstract

The Organic Act on Anti-Corruption B.E. 2561 deals with state official including local administrator, deputy local administrator, assistant local administrator and member of a local assembly but not including person holding a political position. If state official is accused of intentionally failing to submit or intentionally submitting the account of assets and liabilities, Section 114 of the Act requires the NACC to refer the matter to the Supreme Court’s Criminal Division for Persons Holding Political Positions. But if he commits an offence on the grounds of corruption in performing his or her duties, or malfeasance in office, or malfeasance in judicial office, or related offences, Section 93 requires the Attorney General shall consider initiating prosecution to the Criminal Court for Corruption and Misconduct Cases. Especially, the trial at the Supreme Court’s Criminal Division which is located in Bangkok and distance are considered as a burden on defendants. It will affect the decision of defendants not to exercise their right to defend themselves in court. Although the penalty is considered as a light punishment, the last paragraph of Section 114 read with Section 81 regulates the political measure that the convicted person shall be permanently revoked the right to apply for candidacy in an election. Therefore, the Act on Anti-Corruption B.E. 2561 should be amended by giving the offence of submitting the account of assets and liabilities to be proceeded by the Criminal Court for Corruption and Misconduct Cases. It also needs to sanction no more than 10 years for the revocation of the right to apply for candidacy in an election. In order that the legislation would not cause a burden, an inequality and the rights of the defendant which is contrary to the rule of law.