The Criminal Justice Process and The Problem of Political Corruption in Thailand
Keywords:
กระบวนการยุติธรรมทางอาญา, การควบคุมตรวจสอบการใช้อำนาจรัฐ, ผู้ดำรงตำแหน่งทางการเมือง, การคอร์รัปชันทางการเมืองAbstract
The purpose of this research article is to study and analyze organizational issues is to investigate and assess the phenomenon of political corruption, draw broad conclusions, and look at how those in positions of political authority utilize state authority in accordance with the Constitution, Organic Law, and other relevant laws. Concepts and theories related to criminal justice that have been acquired will be applied to problem-solving and policy recommendations in order to combat, prevent, deter, and repress political corruption in the future.
According to the qualitative research by researching documents, analyzing judgments and studying sample cases, it was found the phenomenon of political corruption among people in positions of political authority had a nature of political business, conflict between personal interests and public interests, political ethics, political legitimacy, influences over the inspection and control of the use of state power, and political decay. Thus, in accordance with the Organic Act on Counter Corruption, B.E. 2542 (1999) and its revisions, the use of state power was regulated, looked into, and prosecuted. Those found guilty had their assets taken by the state and received prison sentences from the Criminal Division for Holders of Political Office.
The author offers the following recommendations: picking suitable candidates who meet the requirements without having any prohibited traits and who are legitimate in their political positions; establishing guidelines to drastically cut down on and refrain from corruption; setting up internal and external control and audit systems; striking the proper balance between the legislative, executive, and judicial branches; eliminating the incentives for political businessmen and politicians to engage in corrupt behavior; creating rules and regulations to uphold the morality of the law; and using personal risk-control mechanisms in addition to external controls like laws and social structures.
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