CHAPTER X Inspection of the Exercise of State Power
Part 4 Criminal Proceedings Against Persons Holding Political Positions 308-311
Section
308. In the case where the Prime Minister,
a minister, member of the House of Representatives, senator or other political
official has been accused of becoming unusually wealthy, or of the commission
of malfeasance in office according to the Penal Code or a dishonest act in the
performance of duties or corruption according to other laws, the Supreme Court
of Justice?s Criminal Division for Persons Holding Political Positions shall
have the competent jurisdiction to try and adjudicate the case.
The provisions of paragraph one shall also apply
to the case where the said person or other person is a principal, an instigator
or a supporter.
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.
Section 310.
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.
Section 311.
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.
More on Constitution of the kingdom of Thailand, B.E. 2540 :
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
CHAPTER VII - The Council of Ministers 201-212
CHAPTER VIII The Courts
CHAPTER IX Local Government 282-290
CHAPTER X Inspection of the Exercise of State Power
CHAPTER XI State Audit 312
CHAPTER XII Amendment of the Constitution Transitory Provisions 313
Transitory Provisions 314-336
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