Principles of Public Health Personnel's Statements During an Inquiry : In Cases of Corruption Investigation by the NACC or PACC

Abstract

     Corruption in the public sector violates the rule of law, principles of good governance, and ethical standards expected of public officials. It undermines public trust, weakens institutional integrity, and harms the public interest. The Constitution of Thailand B.E. 2560 mandates that all individuals prevent and combat corruption, and establishes independent oversight bodies, such as the National Anti-Corruption Commission (NACC) and the Public Sector Anti-Corruption Commission (PACC). These bodies operate under the Organic Act on the Prevention and Suppression of Corruption B.E. 2561, with powers to conduct inquiries, investigations, and evidence-gathering to determine culpability. The inquiry process follows an inquisitorial system, granting inquiry officials the authority to manage case files and gather facts independently, while ensuring impartiality and adherence to the principle of audi alteram partem. While corruption complaints in the Ministry of Public Health are relatively low, many public health officials lack a full understanding of their legal rights, duties, and procedural limits during investigations. This knowledge gap may lead to actions or statements that are inconsistent with legal requirements, jeopardizing their rights and the integrity of the process. This article examines administrative law and anti-corruption legislation, offering guidelines for public health officials facing corruption allegations. The aim is to strengthen their ability to lawfully exercise their rights, safeguard their interests, and ensure transparent, verifiable anti-corruption mechanisms that align with constitutional and legal principles.