LEGAL PROBLEMS REGARDING THE INVESTIGATION AND DECISIONS OF THE NATIONAL ANTI CORRUPTION COMMISSION’ S GUILT

Abstract

The objectives of this research are: 1) To study the concepts, theories, judicial precedents, legal measures, and related research concerning legal issues; 2) To examine factual and legal problems arising in connection with the inquiry and decision-making process of the National Anti-Corruption Commission (NACC) in determining the existence of prima facie disciplinary offenses; and 3) To analyze and compare the relevant laws of the Kingdom of Thailand with those of selected foreign jurisdictions. This study employs a qualitative research methodology. The researcher conducted focus group discussions and in-depth interviews with five groups of participants, namely judges, public prosecutors, officers from the NACC, government officials, scholars, and lawyers. Data obtained from the in-depth interviews were analyzed to derive research findings. The results reveal that: 1) The interpretation of the statutory time limit within which the NACC must determine the existence of a disciplinary offense-no more than three years from the commencement of the inquiry-is ambiguous and lacks clarity, leading to differing interpretations in practice. 2) There is no clear distinction, in the inquiry and decision-making process of the NACC, between acts constituting criminal offenses and those constituting violations of administrative rules, regulations, or subordinate legislation. 3) In conducting inquiries and rendering decisions on prima facie findings of guilt, the NACC has tended to apply Section 83 (principal offenders) or Section 86 (supporters) of the Criminal Code in a summary manner, implicitly treating all accused persons as principal offenders. Moreover, under Section 91(1) or (2), there remains an absence of a clear demarcation between criminal offenses and violations of administrative or regulatory provisions, particularly where the conduct in question does not result in damage to the government.