NACC defends death penalty for graft cases

NACC defends death penalty for graft cases

New law not an abuse of rights, Sansern says

Sansern Poljieak, head of the National Anti-Corruption Commission (NACC) says the death penalty for corruption is appropriate punishment for stealing government money or property. (File photo)
Sansern Poljieak, head of the National Anti-Corruption Commission (NACC) says the death penalty for corruption is appropriate punishment for stealing government money or property. (File photo)

The National Anti-Corruption Commission (NACC) has defended its new anti-graft law under which the maximum penalty is execution, saying it is appropriate and not against human rights.

NACC secretary-general Sansern Poljieak said the anti-corruption law which has come into force is appropriate because corruption of state money is deemed as a severe offence.

The amendment to the Organic Law on Counter-Corruption establishes more severe penalties for state officials and officials of foreign agencies found guilty of corruption in Thailand.

The amendment was published in the Royal Gazette on Thursday.

New sections have been added to the law's Article 13, where penalties for taking bribes in return for malfeasance range from 5-20 years' imprisonment, to life in jail or execution as the severest penalty. Culprits could also be fined 100,000 to 400,000 baht.

Foreign officials in Thailand or people working for international organisations may face those penalties as well. 

The statute of limitations on corruption cases is 20 years — the same as the old law — but it would not apply if a convict flees the country.

Former Democrat Party MP Warong Dechgitvigrom said he supported the law's execution penalty but he was worried about its enforcement.

"It will be useless if authorities don't seriously enforce the law," he said.

Meanwhile, the government has tightened anti-corruption measures by exercising its Section 44 powers to take disciplinary action and launch tax probes against state officials and private operators involved in graft cases.

Public Sector Anti-Corruption Commission secretary-general Prayong Preeyajit said Monday state officials ignoring or covering up their subordinates' corrupt acts would also be disciplined under Section 44 which enables the premier to take decisive action.

Mr Prayong spoke following a Centre for National Anti-Corruption (CNAC) meeting Monday, chaired by Prime Minister Prayut Chan-o-cha.

In the past three months, the CNAC has submitted two lists of officials' names to Gen Prayut. They were suspected of being involved in graft.

Following the PM's review of each case, suspects were suspended or transferred to inactive posts using Section 44.

So far, 115 officials have been suspended in the corruption probe.

For further measures to tackle corruption, tax records of state officials and private operators who have procurement contracts with state agencies will be probed for irregularities.

During the meeting, Gen Prayut stressed that graft-fighting must be conducted sustainably, so the next government can continue the campaign.

The premier also asked the National Reform Council to oversee anti-graft policies and said lessons in corruption prevention should be added to school curricula.

A proposal to create a specific fund to promote anti-corruption was floated during the meeting, to help offset the cost of fighting graft, said Lt Gen Anantaporn Kanjanarat, the prime minister's adviser who chairs the State Budget Inspection Committee.

Initially, financial contributions from the Government Lottery Office will be needed to establish the fund, he said, adding that private firms wishing to join in could do so later on.

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