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Section 309. A
person injured by the act under section 308 shall have the
right to lodge with the National Counter Corruption Commission the petition
for action to be taken under section 301 (2) in accordance with the organic
law on counter corruption.
The provisions of section 305 paragraph one, paragraph four and paragraph five shall apply mutatis mutandis.
In a trial, the Supreme Court of Justice's Criminal Division
forPersons Holding Political Positions shall rely on the file of the National
Counter Corruption Commission and may conduct an investigation in order to obtain
additional facts or evidence as it thinks fit.
The provisions of section 265 shall apply to the performance of duties of the Supreme Court of Justice?s Criminal Division for Persons Holding Political Positions mutatis mutandis.
The provisions on the immunity of members of the House of Representatives and senators under section 166 and section 167 shall not apply to a trial of the Supreme Court of Justice?s Criminal Division for Persons Holding Political Positions.
An adjudication of a case shall be made by a majority of votes;
provided that every judge constituting the quorum shall prepare his or her written
opinion and make oral statements to the meeting prior to the passing of a resolution.
The opinion shall at least contain the following particulars:
(1) name of the accused person;
(2) the matter on which the accusation is made;
(3) accusation and a summary of facts derived from trials;
(4) reasons given for the decision of both questions of law and questions of fact;
(5) provisions of the law referred to;
(6) decision and actions to be taken in connection with the assets concerned, if any.
Orders and decisions of the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions shall be disclosed and final.
CHAPTER I - General Provisions 1-7
CHAPTER II - Amendment of the Constitution 8-25
CHAPTER III - Rights and Liberties of the Thai People 26-65
CHAPTER IV - Duties of the Thai People 66-70
CHAPTER V - Directive Principles of Fundamental State Policies 71-89
CHAPTER VI - The National Assembly
Part 1 General Provisions 90-97
Part 2 The House of Representatives 98-120
Part 3 The Senate 121-135
Part 4 Election Commission 136-148
Part 5 Provisions Applicable to both Houses 149-192
Part 6 Joint Sittings of the National Assembly 193-195
Part 7 Ombudsmen 196-198
Part 8 The National Human Rights Commission 199-200
CHAPTER VII - The Council of Ministers 201-212
CHAPTER VIII The Courts
Part 1 General Provisions 233-254
Part 2 Constitutional Court 255-270
Part 3 Courts of Justice 271-275
Part 4 Administrative Courts 276-280
Part 5 Military Courts 281
CHAPTER IX Local Government 282-290
CHAPTER X Inspection of the Exercise of State Power
Part 1 Declaration of Accounts Showing Particulars of Assets and Liabilities 291-296
Part 2 The National Counter Corruption Commission 297-302
Part 3 The Removal from Office 303-307
Part 4 Criminal Proceedings Against Persons Holding Political Positions 308-311
CHAPTER XI State Audit 312
CHAPTER XII Amendment of the Constitution Transitory Provisions 313
Transitory Provisions 314-336
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Created: September 1, 1995 - Last updated: February 17, 2011