The National Anti-Corruption Commission (NACC) has resolved to press charges against 308 ex-MPs and senators accused of misconduct in connection with the charter amendment on making the Senate fully elected.
Leading the pack
Thousands of anti-government protesters led by Suthep Thaugsuban cross Krung Thon Bridge on Tuesday as they woo support from the public. PAWATLAOPAISARNTAKSIN
If a guilty ruling results from the charges, it would affect the setting up of a new government after the Feb 2 election.
There would be an insufficient number of MPs to convene the House and select the prime minister, said Seree Suwannapanont, a prominent lawyer and former member of the 2007 Constitution Drafting Assembly.
The NACC, however, spared caretaker Prime Minister Yingluck Shinawatra and another 72 lawmakers involved with the charter amendment process from being charged.
The NACC on Tuesday resolved to press charges against 308 out of a total of 381 former MPs accused of misconduct in connection with proposing and passing a draft amendment of the charter regarding the composition of the Senate.
The Constitution Court has ruled the draft violated Section 68, which prohibits attempts to overthrow the monarchy and unconstitutional efforts to seize power.
Based on evidence it had received, the NACC voted 7 to 2 to approve a proposal to press charges against the 308 MPs and senators in the charter amendment case while deciding to drop similar charges against 73 others including Ms Yingluck, NACC member Vicha Mahakhun said.
The dropped charges related to the extent of the 73 others' involvement in the proposing and passing of the draft, Mr Vicha said.
"The NACC [at this point] based its decision on the Constitution Court's ruling which also covers the part about the falsified draft charter amendment," he said.
"Basically, the 308 MPs and senators were involved in proposing the draft, so they should be aware that the draft was fake and they should be responsible for their actions," he said.
The NACC would reach its final decision after all 308 MPs and senators testify over the next 15 days, he said.
The 308 MPs and senators would next be required to acknowledge the charges before they would be allowed to defend themselves against them before the NACC, Mr Vicha added. When the NACC reaches a final decision on this case, it will be then be known whether the ex-MPs and senators will face impeachment and further legal action.
Mr Seree said the lawmakers charged by the NACC can keep their positions and perform their duties until the NACC rules whether the allegations have grounds.
And if the NACC concludes those lawmakers are guilty, the NACC would forward the cases to the Senate to impeach them and ban them from politics for five years.
According to the constitution, at least 95% out of 500 MPs are required for the first House meeting, meaning no more than 25 MPs can be missing.
At present, 28 constituencies do not have candidates for the Feb 2 election due to protests during the candidate registration period. If those lawmakers, most of whom are also election candidates, are banned, it will be almost impossible to form a new government.
NACC member Prasart Phongsivaphai said the NACC has solid evidence to prove the draft charter amendment was forged before it was submitted to parliament.
Mr Vicha said the 73 ex-MPs and senators found not to be involved in drafting the amendment could be split into two groups based on the extent of their involvement in passing the draft.
Sixty-five of them including Ms Yingluck only voted in the third reading of the draft while eight others did not vote in the third reading, he said.
Mr Prasart, meanwhile, said 293 MPs and senators took part in both deliberating and voting on passing the draft in all three readings of it. Fifteen others were involved in proposing the draft and they had voted either in the first, second, or third reading of it.
"Had not we judged them fairly, we would have decided that all of them should face charges," Mr Vicha said.
Samart Kaewmeechai, of the Pheu Thai Party's strategy committee, said he was not surprised by the NACC charges against the former MPs and senators.
"This has come as no surprise to us. We're aware what we're fighting against," he said.
Everything had been "twisted" since the Constitution Court decided to accept to the case, Mr Samart said, insisting that lawmakers had every right to amend the constitution.
The former MPs and senators facing the charges will have to report to the NACC to give statements.
Pichit Chuenban, a former list-MP and Pheu Thai lawyer, said the party had earlier asked the NACC not to rush the investigation, but to no avail.
The charge will not derail the Feb 2 general election. The fate of the former MPs and senators will not be decided until the Supreme Court's Criminal Division for Holders of Political Positions hands down a ruling.