Criminal Division for Persons Holding Political Position

Background and cases under the Jurisdiction of The Criminal Division for Persons Holding Political Position of the Supreme Court

Establishment and Rationale

The Criminal Division for Persons Holding Political Positions is one of the twelve specialized divisions of the Supreme Court. It was first established by the Constitution of the Kingdom of Thailand B.E. 2540 (1997) (repealed) and commenced operations on 1 November B.E. 2543 (2000). The Division's current status is stipulated in section 195 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017).

The primary rationale for its establishment was the increasing number of corruption and misconduct problems from politicians and other high-ranking government officials. As the normal criminal justice system could not deal with this issue effectively, it was necessary to establish this Division in the Supreme Court. This structure places the adjudication of such cases directly under the authority of Supreme Court justices, with the National Anti-Corruption Commission (NACC) acting as the investigative body that submits cases to the Prosecutor General, or the NACC may file the case itself.

Governing Law and Trial System

The Division's proceedings are governed specifically by the "Organic Act on Criminal Procedure for Persons Holding Political Positions B.E. 2560 (2017)". In the absence of a specific provision, the Codes of Criminal Procedure and Civil Procedure apply mutatis mutandis (accordingly).

The trial is conducted under the "inquisitorial system," where the court plays an active role in inquiring into the facts, which differs from the "adversarial system" used in general criminal cases.

Jurisdiction: Persons and Charges

The Criminal Division for Persons Holding Political Positions has the authority to inquire and make a judgment over the following persons on their corresponding charges:

Offender

1. Political officials, Justices of the Constitutional Court, Persons holding positions in Independent Organizations, Auditor General
2. Commissioners of the NACC
3. Ordinary persons (as principals, instigators, or supporters)
4. Persons in the groups above or officers of the NACC

Charge

1. Committing an offense of a dishonest act in office or malfeasance, Exercising power contrary to the Constitution or law, Becoming unusually wealthy
2. Committing malfeasance in office, Exercising power contrary to the Constitution or law, Becoming unusually wealthy
3. Giving, offering, or promising to give assets or other benefits to induce a public official to act, not to act, or delay any act which is contrary to such person's duty.
4. Intentionally failing to submit an account of assets and liabilities or intentionally submitting a false account.

Judicial Panel and Appeal

The trial panel consists of nine justices or senior justices of the Supreme Court, selected by the Grand Chamber of the Supreme Court on a case-by-case basis. A judgment is decided by a majority vote. In addition to the main panel judgment, each justice must write their own individual judgment, which is made available to the public following the reading of the main judgment.

A party may appeal the judgment to the Grand Chamber of the Supreme Court within 30 days from the date of the judgment. The appeal panel comprises nine justices selected by the Grand Chamber. Members of the appeal panel must not have previously sat on the trial panel and must hold or have held a rank not lower than a Presiding Justice of the Supreme Court.

Summary of Proceedings

The Criminal Division for Persons Holding Political Positions functions as a trial court for cases in which the Prime Minister, a Minister, a member of the House of Representatives, a senator, or another political official is accused of becoming unusually wealthy, committing malfeasance in office as defined by the Criminal Code, performing duties dishonestly, or engaging in corruption under other laws.

Only the Attorney General or the National Anti-Corruption Commission has the power to institute a criminal action. Upon submission of a case, the President of the Supreme Court shall expeditiously convene the Grand Chamber of the Supreme Court to elect nine judges from among those currently serving on the Supreme Court or senior judges who have previously held office at a rank not lower than that of a Supreme Court judge. These judges shall constitute a quorum on a case-by-case basis. The trial is conducted under the inquisitorial system.

A judgment may be appealed to the Grand Chamber of the Supreme Court. The appeal shall be decided by a quorum of nine Supreme Court judges selected on a case-by-case basis by the Grand Chamber of the Supreme Court from among judges currently serving or senior judges who have previously held office at a rank not lower than that of a Presiding Justice of the Supreme Court. Importantly, the selected judges must not have previously adjudicated the case. The decision of this quorum shall be deemed the final decision of the Grand Chamber of the Supreme Court.