Problems and Obstacles Related to Delays in the Implementation of the National Anti-Corruption Commission

Abstract

   The Constitutional Anti-Corruption Act B.E. 2561 prescribe in Section 28.  “The NACC has the following duties and powers: (1) Conduct an inquiry and prepare opinion in case there is an allegation that a person holding a political position, a judge of the Constitutional Court, a person holding a position in an independent agency is involved in circumstances of unusual wealth, corruption, or deliberate performance of duties or exercise of powers in contrary to the provisions of the Constitution or laws, or serious violation of or failure to comply with the ethical standards; (2) Conduct an inquiry and decide whether a state official is unusually wealthy, has committed an offence of corruption, or malfeasance in public office or malfeasance in judicial office; (3) Obligate persons holding political positions, judges of the Constitutional Court, persons holding positions in independent agencies and state officials to submit account showing particulars of assets and liabilities of themselves, spouse and children who have not yet become sui juris, and to inspect and disclose the results of the inspection of such accounts; (4) Conduct inquiry in order to take legal action in other offences provided by this Organic Act, or those prescribed by the law to be under the duties and powers of the NACC ( the NACC may undertake by itself, or delegate to other competent agency)  (5) Other duties and powers provided by the Constitution, this Organic Act or other laws. Therefore, it is evident that the important mission of the Board of Directors the NACC is to consider the expression of preliminary inquiry and expression of inquiry to determine the guilt of offenders for dishonesty of duty or offences against official office or offences against the office of justice. As of September 30, 2021, it is divided into procurement cases, ethics and misconduct cases, and justice, politics and public administration cases, the remaining facts are under investigation. 2,759 matters, thus affecting the actions of the Board of Directors. NCC.

   According to the research, the Board of Directors the NACC has the authority and duty to consider the expression of the preliminary investigation and the expression of inquiry to determine the basis of every offense, causing congestion and delay of expressions, which delays the punishment of the offender. It causes society to lose faith in the criminal justice system in bringing perpetrators to justice. As a result, offenders and others are not afraid of the law, dare to commit offenses of dishonesty or offenses against official positions or offenses against judicial offices, which do not comply with the concept of punishment for intimidation or suppression (Deterrence) according to the Crime Control Policy and punishment for the elimination or control of offenders. The researcher adopted the laws of the Republic of Korea, the Republic of Singapore, and Japan. Compared to the Constitutional Anti-Corruption Act B.E. 2561, only the Republic of Korea uses the same committee system as the Constitutional Assembly Act on Corruption B.E. 2561. However, the committee does not have the same authority and duty to consider the case as Thailand. The Republic of Singapore, Japan and the United Kingdom have adopted a common criminal procedure system that requires prosecutors, and all four countries have no problem with pending trials related to offences of malpractice or offences against official office or offences against judicial office.

   Therefore, If Thailand wants to have a committee system to consider expressions at the hearing and at the hearing to determine the basis of guilt. the Constitutional Act on Prevention and Suppression of Corruption B.E. 2561 (2018) should be amended in respect of the powers and duties of the Commission. The NCC has appointed a committee to consider the expression of the preliminary inquiry and the inquiry to identify specific information. The NACC is a committee which are other powers under Section 28(1)(3)(4) and (5) and oversees the policies and operations of the Office of the National Anti-Corruption Commission. It is the Supreme Executive Committee only.