Translation:Announcement of the Council for Democratic Reform No 31

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Announcement of the Council for Democratic Reform No 31 (2006)
Council for Democratic Reform, translated from Thai by Wikisource
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4595058Announcement of the Council for Democratic Reform No 312006Council for Democratic Reform
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Volume 123, Number 105A
Page 23
Royal Gazette

3 October 2549

Announcement of the Council for Democratic Reform
No 31
Re: Implementation by the National Anti-Corruption Commission of its powers and duties

Following the issuance of the Announcement of the Council for Democratic Reform No 19 dated the 22nd day of September 2549 Buddhist Era which orders the Organic Act on Anti-Corruption, 2542 BE to remain in force, establishes a National Anti-Corruption Commission, and orders the Organic Act on Criminal Procedure for Holders of Political Positions, 2542 BE to also remain in force, facts show that a large number of matters is pending before the Office of the National Anti-Corruption Commission due to long absence of the National Anti-Corruption Commission, for which reason it is appropriate to improve its performance so as to increase efficiency and expeditiousness. Therefore, the Council for Democratic Reform announces as follows:

Article1.The provisions of articles 1 and 2 of the Announcement of the Council for Democratic Reform No 19 dated the 22nd day of September 2549 Buddhist Era shall be repealed and replaced by the following provisions:

“Article1.The repeal of the Constitution of the Kingdom of Thailand shall not affect the Organic Act on Anti-Corruption, 2542 BE. The Organic Act on Anti-Corruption, 2542 BE shall remain force until amended or repealed by a law. The National Anti-Corruption Commission established by the Announcement of the Council for Democratic Reform No 19 dated the 22nd day of September 2549 Buddhist Era shall be deemed to have been duly recruited and established in accordance with the Organic Act on Anti-Corruption, 2542 BE.

​Article2.The repeal of the Constitution of the Kingdom of Thailand shall not affect the Organic Act on Criminal Procedure for Holders of Political Positions, 2542 BE. The Organic Act on Criminal Procedure for Holders of Political Positions, 2542 BE shall remain in force until amended or repealed by a law.”

Article2.The National Anti-Corruption Commission established by the Announcement of the Council for Democratic Reform No 19 dated the 22nd day of September 2549 Buddhist Era shall assume office from the day of its establishment by the said Announcement and its term of office shall be governed by the Organic Act on Anti-Corruption, 2542 BE.

Article3.In the event that a holder of a political position deliberately fails to file an account of property and debts as well as supplementary documents with the National Anti-Corruption Commission within the time designated by the Organic Act on Anti-Corruption, 2542 BE, he shall be dealt with in accordance with section 34 in the same manner as deliberately filing a false account of property and debts or supplementary document or concealing a fact which should have been declared.

Article4.In scrutinising a change in the property and debts of a holder of a political position, the National Anti-Corruption Commission shall have the power to order temporary seizure or sequestration of the unusually increased property. But this does not exclude the right of the holder of the political position to file a request for indulgence, whether with or without security, in order to take such property and put it to use.

Once property has been temporarily seized or sequestered per paragraph 1, the National Anti-Corruption Commission shall promptly arrange for its verification. In the event that the holder of the political position is unable to provide evidence which shows that the temporarily seized or sequestered property has not been increased unusually, the National Anti-Corruption Commission shall have the power to extend the seizure or sequestration until it resolves to hold that the property has not been increased unusually, which must not be longer than one year from the day of the seizure or sequestration, or until the petition is dismissed by a final judgment. But if the verification is successful, the property shall be returned to him.

Article5.In examining facts according to the Organic Act on Anti-Corruption, 2542 BE, the National Anti-Corruption Commission may ​authorises an appointed competent officer to carry out the examination, collect evidence, and prepare a file for submission to it, subject to the criteria and procedure designated by it.

Article6.In the event that the National Anti-Corruption Commission finds it appropriate, it may refer a pending matter in which a state officer other than the person under section 66 is accused of an offence of corruption in office, an offence against a public office, or an offence against a judicial office to his or her superior or person having the power to appoint or remove him or her for further disciplinary proceedings or [other] proceedings according to the [relevant] powers and duties, as the case may be, or refer the matter to an inquiry officer for further proceedings according to the Criminal Procedure Code.

Article7.A resolution passed by a meeting of the National Anti-Corruption Commission, whether or not for adoption of a ruling or expression of approval, shall be based upon a majority of votes.

Article8.All provisions of the Organic Act on Anti-Corruption Commission, 2542 BE which are contrary or repugnant to this Announcement shall be replaced by this Announcement.

Announced on the 30th day of September 2549 Buddhist Era
General Sonthi Boonyaratglin
Chief of the Council for Democratic Reform

 This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

  1. news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;
  2. the constitution and legislation;
  3. regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;
  4. judicial decisions, orders, decisions and official reports;
  5. translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

Public domainPublic domainfalsefalse

Translation:

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

Public domainPublic domainfalsefalse

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