Law Archives / Thailand / Constitution of the kingdom of Thailand, B.E. 2540 / CHAPTER X Inspection of the Exercise of State Power / Part 2 The National Counter Corruption Commission 297-302

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Jan Garanoz
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CHAPTER X Inspection of the Exercise of State Power
Part 2 The National Counter Corruption Commission 297-302

     Section 297. The National Counter Corruption Commission consists of the President and eight qualified members appointed by the King with the advice of the Senate.
     Members of the National Counter Corruption Commission shall be persons of apparent integrity, with qualifications and without any of the prohibitions under section 256.
     The provisions of section 257 and section 258 shall apply to the selection and election of members of the National Counter Corruption Commission mutatis mutandis. For this purpose, the Selective Committee for members of the National Counter Corruption Commission shall consist of fifteen members, viz, the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the Supreme Administrative Court, Rectors of all State higher education institutions which are juristic person, being elected among themselves to be seven in number, and representatives of all political parties having a member who is a member of the House of Representatives; provided that each party shall have one representative and all such representatives shall elect among themselves to be five in number.
     The President of the Senate shall countersign the Royal Command appointing the President and members of the National Counter Corruption Commission.
     Section 298. Members of the National Counter Corruption Commission shall hold office for a term of nine years as from the date of their appointment by the King and shall serve for only one term.
     Members of the National Counter Corruption Commission who vacate office at the expiration of term shall remain in office to continue to perform their duties until the newly appointed members take office.
     Section 260 and section 261 shall apply to the vacation, selection and election of members of the National Counter Corruption Commission mutatis mutandis.
     Section 299. Members of the House of Representatives of not less than one-fourth of the total number of the existing members of the House have a right to lodge with the President of the Senate a complaint that any member of the National Counter Corruption Commission has acted unjustly, intentionally violated the Constitution or laws or has been under any circumstance which is seriously detrimental to the dignity of the holding of office, in order to request the Senate to pass a resolution removing him or her from office.
     The resolution of the Senate removing the member of the National Counter Corruption Commission from office under paragraph one shall be passed by votes of not less than three-fourths of the total number of the existing members of the Senate.
     Section 300. Members of the House of Representatives, senators or members of both Houses of not less than one-fourth of the total number of the existing members of both Houses have a right to lodge with the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions an allegation that any member of the National Counter Corruption Commission has become unusually wealthy or has committed an offence of corruption or malfeasance in office.
     The request under paragraph one shall clearly, itemise the circumstance in which such person has allegedly committed the act under paragraph one and shall be submitted to the President of the Senate. When the President of the Senate has received the said request, the President shall refer it to the Supreme Court of Justice?s Criminal Division for Persons Holding Political Positions for trial and adjudication.
     The alleged member of the National Counter Corruption Commission shall not perform his or her duty until the Supreme Court of Justice?s Criminal Division for Persons Holding Political Positions has dismissed the said request.
     Section 301. The National Counter Corruption Commission shall have the following powers and duties:
     (1) to inquire into facts, summarise the case and prepare opinion to be submitted to the Senate according to section 305;
     (2) to inquire into facts, summarise the case and prepare opinions to be submitted to the Supreme Court of Justice?s Criminal Division for Persons Holding Political Positions in accordance with section 308;
     (3) to inquire and decide whether a State official has become unusually wealthy or has committed an offence of corruption, malfeasance in office or malfeasance in judicial office in order to take further action in accordance with the organic law on counter corruption;
     (4) to inspect the accuracy, actual existence as well as change of assets and liabilities of the persons holding positions under section 291 and section 296 as stated in the account and supporting documents submitted;
     (5) to submit an inspection report and a report on the performance of duties together with remarks to the Council of Ministers, the House of Representatives and the Senate annually and publish that report for dissemination;
     (6) to carry on other acts as provided by law.
     Section 146 and section 265 shall apply to the performance of duties of the National Counter Corruption Commission mutatis mutandis.
     Section 302. The National Counter Corruption Commission shall have an independent secretariat, with the Secretary-General of the National Counter Corruption Commission as the superior responsible directly to the President of the National Counter Corruption Commission.
     The appointment of the Secretary-General of the National Counter Corruption Commission shall be approved by the National Counter Corruption Commission and the Senate.
     The Office of the National Counter Corruption Commission shall have autonomy in personnel administration, budget and other activities as provided by law.