Law Archives / Thailand / Constitution of the kingdom of Thailand, B.E. 2540 / CHAPTER X Inspection of the Exercise of State Power / Part 1 Declaration of Accounts Showing Particulars of Assets and Liabilities 291-296

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CHAPTER X Inspection of the Exercise of State Power
Part 1 Declaration of Accounts Showing Particulars of Assets and Liabilities 291-296

     Section 291. Persons holding the following political positions shall submit an account showing particulars of assets and liabilities of themselves, their spouses and children who have not yet become sui juris to the National Counter Corruption Commission on each occasion of taking or vacating office:
     (1) Prime Minister;
     (2) Ministers;
     (3) members of the House of Representatives;
     (4) senators;
     (5) other political officials;
     (6) local administrators and members of a local assembly as provided by law.
     The account under paragraph one shall be submitted together with the supporting documents evidencing the actual existence of such assets and liabilities as well as a copy of the personal income tax return of the previous fiscal year. The declarer shall certify the accuracy of the account and copies of the submitted documents by affixing his or her signature on every page thereof.
     Section 292. The account showing particulars of assets and liabilities under section 291 shall disclose the particulars of assets and liabilities actually existing as of the date of the submission thereof and shall be submitted within such time as follows:
     (1) in the case of the taking of office, within thirty days as from the date of taking office;
     (2) in the case of the vacation of office, within thirty days as from the date of the vacation;
     (3) in the case where the person under section 291, who has already submitted the account, dies while being in office or before submitting the same after the vacation of office, an heir or an administrator of an estate of such person shall submit an account showing the particulars of assets and liabilities existing on the date of such person?s death within ninety days as from the date of the death.
     In addition to the submission of the account under (2), the person holding a position of Prime Minister, Ministers, local administrator, member of a local assembly or the person holding a political position but having vacated office shall also re-submit an account showing particulars of assets and liabilities within thirty days as from the date of the expiration of one year after the vacation of office.
     Section 293. When the account showing the particulars of assets and liabilities and its supporting documents have been received, the President of the National Counter Corruption Commission or the member of the National Counter Corruption Commission as entrusted by the President shall affix his or her signature on every page of the account.
     The account and supporting documents under paragraph one submitted by the Prime Minister and Ministers shall be disclosed to public without delay but not later than thirty days as from the date of the expiration of the time limit for the submission of such account. The account of the persons holding other positions shall not be disclosed to any person unless the disclosure will be useful for the trial and adjudication of cases or for the making of a decision and is requested by the courts or the State Audit Commission.
     The President of the National Counter Corruption Commission shall convene a meeting of the Commission to inspect the accuracy and the actual existence of assets and liabilities without delay.
     Section 294. In the case where the submission of the account is made by reason of the vacation of office or death of any person holding a political position, the National Counter Corruption Commission shall inspect the change of assets and liabilities of such person and prepare a report of the inspection. Such report shall be published in the Government Gazette.
     In the case where it appears that the assets of the person under paragraph one have unusually increased, the President of the National Counter Corruption Commission shall send all documents together with the inspection report to the Prosecutor General to institute an action in the Supreme Court of Justice?s Criminal Division for Persons Holding Political Positions so that the unusually increasing assets shall vest in the State.
     The provisions of section 305 paragraph five shall apply mutatis mutandis.
     Section 295. Any person holding a political position who intentionally fails to submit the account showing assets and liabilities and the supporting documents as provided in this Constitution or intentionally submits the same with false statements or conceals the facts which should be revealed shall vacate office as from the date of the expiration of the time limit for the submission under section 292 or as from the date such act is discovered, as the case may be, and such person shall be prohibited from holding any political position for five years as from the date of the vacation of office.
     When the case under paragraph one occurs, the National Counter Corruption Commission shall refer the matter to the Constitutional Court for further decision, and when the decision of the Constitutional Court is given, the provisions of section 97 shall apply mutatis mutandis.
     Section 296. The provisions of section 291, section 292, section 293 paragraph one and paragraph three and section 295 paragraph one shall apply mutatis mutandis to other State officials as provided by the organic law on counter corruption.