Constitutional Independent Agencies and Inspection of the Use of State Power: A Case Study of the National Anti-Corruption Commission

Abstract

The research article’s objectives are to (1) study the National Anti-Corruption Commission’s functions, responsibilities, power and status according to the Kingdom of Thailand’s Constitution, B.E. 2560 (2017), (2) assess issues with the commission’s use of its authority according to the Organic Act on Anti-Corruption, B.E. 2561 (2018), and (3) offer guidelines for amending relevant laws.

The study found that the establishment of an independent agency in accordance with the constitution could be instable due to the efforts of disadvantaged parties to curtail the authority of the National Anti-Corruption Commission. Additionally, it was revealed that the anti-corruption law had certain issues that could impede the efficient implementation of the law, including the protracted nature of the investigation and the prosecutor officials’ and justice and administrative court judges’ assets and liabilities not being disclosed to the public.

The researcher has recommended amending the Kingdom of Thailand’s 2017 Constitution by defining extensive guidelines for determining the nature of Independent Agencies to be established by the act and its amendments, the 2018 Organic Act on Anti-Corruption regarding the investigation, prosecution of accused political office holders and government officials, filing an asset and liability accounts, disclosure of asset and liability accounts, permitting prosecuted officials and their superiors to refer witnesses in the investigation, and changing the National Anti-Corruption Commission’s inspection and investigation regulations, B.E. 2561 (2018), to ensure the accused is entitled to accompany with another person or lawyer to give testimony to the official.