“Corruption in Thailand is at a serious stage,” admits Pol. Gen. Watcharapol Prasarnrajkit, President of the National Anti-Corruption Commission (NACC). “It has become more complicated and multinational.”
He explained that in 2019, there were 10,382 cases of fraud allegations and 8,691 cases so far in 2020, which is 16% less.
“We expect a slight improvement for the whole year,” he said.
Under the Organic Act on Anti-Corruption B.E. 2561 (2018), Office of the NACC is a centre to review and select allegations and then the NACC shall undertake serious cases and cases involving persons holding high-ranking positions.
Office of the NACC may assign less serious cases to other relevant agencies such as Royal Thai Police, Office of Public Sector Anti-Corruption Commission (PACC), and others. In case of disciplinary action, the NACC may refer the matter to the superior of that agency.
In 2019, Office of the NACC accepted 2,889 cases with allegedly fraudulent sums amounting to 236 billion baht, whereas in 2020, there have been 2,553 cases with allegedly fraudulent sums of 90 billion baht so far. For 2021 (as of 4 November 2020), the Office has 9,416 allegation cases in ongoing preliminary inspection and 3,320 cases in ongoing inquiry.
“On the occasion of its twenty-first year, the direction of the Office is to meet the people’s requirement toward prevention and suppression of corruption in effective and expeditious ways and to do so with fairness, integrity, transparency, and accountability,” Pol. Gen. Watcharapol said.
Meanwhile, Office of the NACC has been restructured to establish provincial and regional offices in order to investigate and inspect corruption cases in local communities. In major cases and special cases and all cases where specialised officers are required, the Central Office may send suitably skilled persons to investigate accordingly.
In terms of operational acceleration under the Organic Act B.E. 2561 (2018), the inquiry must be completed within two years. If necessary, the period can be extended for another year but it must not exceed three years. In 2021, Office of the NACC will expedite old cases before the promulgation of the Act. From 2022 onward, the NACC’s performance of duties must strictly be in accordance with the timeframe as prescribed by law.
In terms of operational procedures, after the NACC reaches a resolution that a state official has committed an offence with criminal penalty, the case is then forwarded to the Attorney-General who must consider whether to file a lawsuit within 180 days. If the Attorney-General deems that there is insufficient evidence to prosecute, they will set up a joint committee to gather complete evidence prior to filing a lawsuit. The process takes about seven and a half months.
If the joint committee cannot conclude the case, the NACC may file a lawsuit itself and the process will take approximately a year. This will occur in cases where the Attorney-General finds the evidence incomplete, the joint committee is unable to agree on a settlement for prosecution, and the Attorney-General decides not to file a lawsuit.
The NACC has filed 69 matters, of which 20 cases have reached final judgment. The court sentenced 11 cases and dismissed nine cases. This shows that the Office is effective.
It is not the intention of the NACC’s proceedings to prescribe punishments or seizure of property in all cases where allegations are made. Rather, its intention is deterrence in order for the public to realise that those who commit corrupt acts must be punished and have property seized so that everyone knows corruption is not worth it.
In regard to the suppression of corruption, Office of the NACC focuses on deterrence as a means of creating a new culture against corruption.
As for prevention of corruption, the Office cooperates with the Ministry of Education to develop anti-corruption courses. It also appoints a board of directors to promote and encourage the public and government agencies to participate in the prevention and suppression of corruption.
The Office has also set up and promotes the “STRONG Sufficient Mind against Corruption” project across the country. This project encourages public sector networks to participate in anti-corruption.
Besides, the Office has established the ITA to evaluate morality and transparency of state operations. It has also set up the National Anti-Corruption Fund to encourage participation of the public in monitoring the use of state power and supporting private sector anti-corruption campaigns, and other measures.
In terms of property inspection, the law requires government officials, including spouses and dependent children, to submit an account of their assets and liabilities to the NACC.
In December 2020, an election of the Chief Executive of the Provincial Administration Organisation (PAO) and Members of the PAO Council will take place. As such, Office of the NACC has made preparations to receive submissions of accounts of assets and liabilities of those who will retire and take the positions, totalling 6,000 accounts. In future, state officials will have to submit their accounts to the head of state agencies. Therefore, the Office cooperates with Office of the Civil Service Commission (OCSC) to set up guidelines for the submission of accounts of assets and liabilities.
The NACC President concluded that the public plays a crucial role in reporting corruption to the Office of the NACC.
“All Thais must neither commit corruption nor tolerate corruption,” he said.
“Office of the NACC will conceal the identity of the informants because they help the country eradicate corruption. In unusual wealth cases, when offenders’ assets are seized and the case is completed, the informant will receive reward money.”
Meanwhile, the Office is running a campaign for all sectors to help Thailand move forward by knocking 50 points off the Corruption Perception Index (CPI) set by Transparency International (TI) within the next two years.