Legal Development for Prevention and Suppression of Corruption as Organic Act on Anti- Corruption B.E. 2561 (2018)

Abstract

   This research aims to study the meanings, concepts, and theories related to the prevention and suppression of corruption by state officials, as well as legal measures at the international, foreign, and Thai legal measures concerning corruption prevention and suppression. It also examines the problems and obstacles in enforcing the Organic Act on Anti-Corruption B.E.2561 (2018), to analyze and provide guidelines for amending the Organic Act on Anti-Corruption B.E.2561 (2018).

   The research findings indicate that: (1) The problem of liability for those who provide assets to intermediaries: The law specifies the offense of intermediaries receiving bribes, but in the case of those providing assets to intermediaries, they cannot be held as principals, instigators, or supporters in the wrongdoing. (2) The problem of liability for supporters of bribery offenses: The law stipulates liability at only two-thirds of the penalty prescribed for the supported offense, which is inappropriate compared to corruption-related offenses. (3) The problem of determining the liability of state officials for unusual wealth, the law does not specify this as a distinct offense but considers it an act of corruption. (4) The problem of defining the authority of the National Anti-Corruption Commission (NACC). The law does not grant the authority for wiretapping or accessing information.

   This research, the researcher suggests amending Organic Act on Anti-Corruption B.E.2561 (2018), (1) Defining the liability of those who provide assets to intermediaries. (2) Defining the liability of supporters of bribery offenses involving state officials to receive the same punishment as the principal offenders. (3) Defining the liability of state officials who become unusually wealthy as a distinct offense. (4) Defining the powers and duties of National Anti-Corruption Commission (NACC) to legally intercept communications or access information, enabling effective law enforcement in preventing and suppressing corruption.