Translation:Act Amending the Announcement of the Council for Democratic Reform No 30, 2550 BE

by National Legislative Assembly of Thailand (2006)

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Seal of the Royal Command

Act
Amending the Announcement of the Council for Democratic Reform
No 30 Dated the 30th Day of September 2549 Buddhist Era,
Re: Scrutiny of Acts Causing Damage to the State,
2550 BE

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Bhumibol Adulyadej R
Given on the 28th day of August 2550 BE
Being the 62nd year of the present reign

His Majesty King Maha Bhumibol Adulyadej is pleased to give a Great Royal Command that it be announced as follows:

Whereas it is appropriate to amend the Announcement of the Council for Democratic Reform No 30 dated the 30th day of September 2549 Buddhist Era, Re: Scrutiny of acts causing damage to the State;

Therefore, by and with the advice and consent of the National Legislative Assembly, He is graciously pleased to enact the following Act:

Section1.This Act is called the Act Amending the Announcement of the Council for Democratic Reform No 30 Dated the 30th Day of September 2549 Buddhist Era, Re: Scrutiny of Acts Causing Damage to the State, 2550 BE.

Section2.This Act shall enter into operation from the day following the day of its publication in the Royal Gazette onwards.

Section3.The following dispositions shall be inserted in the Announcement of the Council for Democratic Reform No 30 dated the 30th day of September 2549 Buddhist Era, Re: Scrutiny of acts causing damage to the State, as article 10/1:

“Article10/1.In the event that there are reasonable circumstances to suspect or a damaged person raises an accusation that any Member of the Scrutiny Committee or member of its subcommittee possesses unusual wealth, performs a duty unjustly, commits an offence against public office according to the Criminal Code, or commits an offence against office or corruption in office according to a different law, it shall be deemed that the Member of the Scrutiny Committee or subcommittee is a Member of the National Anti-Corruption Commission under section 17 or other political public servant under section 66 of the Organic Act on Prevention and Suppression of Corruption, 2542 BE, as the case may be, and the dispositions of section 17, and of Chapter 6 Criminal prosecutions against holders of political positions under section 308 of the Constitution, of the Organic Act on Prevention and Suppression of Corruption, 2542 BE, shall apply mutatis mutandis.

The Organic Act on Criminal Procedure for Holders of Political Positions, 2542 BE, shall apply to the institution and trial of the cases under paragraph 1, with the Supreme Court of Justice’s Criminal Division for Holders of Political Positions being the court competent to try and adjudicate upon the mentioned cases.”

Section4.The disposition of paragraph 2 of article 11 of the Announcement of the Council for Democratic Reform No 30 dated the 30th day of September 2549 Buddhist Era, Re: Scrutiny of acts causing damage to the State, shall be repealed and replaced by the following disposition:

“When the time period under paragraph 1 has completed but the scrutiny of or inquiry into any matter is still not finished, the Scrutiny Committee shall continue it until it is finished, but this must not be later than the 30th day of June 2551 BE.”

Section5.The following disposition shall be inserted in the Announcement of the Council for Democratic Reform No 30 dated the 30th day of September 2549 Buddhist Era, Re: Scrutiny of acts causing damage to the State, as paragraph 3 of article 11:

“In the event that the Scrutiny Committee fails to finish any matter under paragraph 2 by the 30th day of June 2551 BE, the Scrutiny Committee shall deliver the file of the unfinished matter to the National Anti-Corruption Commission, Anti-Money Laundering Committee, State Auditor General, or other agency, as the case may be, so that the matter be further dealt with in accordance with the latter’s powers and duties. In addition, the activities, the scrutiny files, and the results of the scrutiny done by the Scrutiny Committee shall be deemed to be lawful activities of the mentioned National Anti-Corruption Commission, Anti-Money Laundering Committee, State Auditor General, or other agency, as the case may be.”

Countersignature
General Surayud Chulanont
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Whereas the Announcement of the Council for Democratic Reform No 30 dated the 30th day of September 2549 Buddhist Era, Re: Scrutiny of acts causing damage to the State, requires the Scrutiny Committee to finish executing this Announcement within one year from the effective day of the Announcement, but the matters which need to be dealt with by the Scrutiny Committee exist in a great number and the scrutiny thereof or inquiry thereinto requires great care as well as great time, it is appropriate to amend this Announcement by extending the time period, establishing a mechanism for those activities after completion of such time period, and establishing a provision for protection of the Scrutiny Committee, Members of the Scrutiny Committee, and persons authorised by the Scrutiny Committee when they act in good faith and in accordance with their powers and duties. It is therefore necessary to enact this Act.