NACC defends 'death for graft'

NACC defends 'death for graft'

The NACC headquaters. (File photo)
The NACC headquaters. (File photo)

A law relating to corrupt officials has been broadened to allow those caught being indirectly involved in graft to be executed.

A commissioner with the National Anti-Corruption Commission (NACC), Vicha Mahakun, said even though the previous law allowed corrupt officials to be handed the death sentence, no one had ever been put to death.

The graft-buster was responding Tuesday to criticism regarding amendments made to the 1942 Organic Law on Counter-Corruption.

New sections have been added to Section 13, which includes the death penalty for the most severe cases of bribery, even if a corrupt official is not directly involved in a project found riddled with graft.

Mr Vicha said the new sentences were drawn directly from Section 149 of the Criminal Code, which says state officials found guilty of taking or offering bribes, of malfeasance, or dereliction of duty shall be sentenced to 5-20 years imprisonment, life in jail or execution.

The revised version of the law also covers foreign officials or officials from international organisations involved in bribery so as to meet international standards, Mr Vicha said. As a signatory to the United Nations Convention on Anti-Corruption (UNCAC), Thailand must conform to its requirements, which includes the ability of the national graft-probing body to investigate foreign officials as well.

"As such, the increased penalties in the law do not violate human rights or international norms," Mr Vicha added.

The NACC has no hand in the judicial process which establishes whether a politician has committed fraud or bribery and cannot influence the sentence, he said.

"Therefore, the penalty will depend on the consideration of the court. This has nothing to do with us," he said.

Amendments to the law will not be applied retroactively to cases on which the court has already delivered a verdict. However, they may be used in cases which are still being considered, he added.

The statute of limitations for graft cases is 20 years but it won't be applied if the convict flees the country. Those found guilty of bribery won't be able to escape their sentences.

"If they wish to flee, they will need to flee all their lives," said Sansern Poljeak, NACC secretary-general.

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