PROMOTION OF PREVENTION AND SUPPRESSION OF CORRUPTION
published : 19 Apr 2021 at 08:00
BY THE OFFICE OF NATIONAL ANTI-CORRUPTION COMMISSION
The Office of National Anti-Corruption Commission (ONACC) provides promotion of prevention and suppression of corruption for participation in fighting corruption as follows:
1. Witness Protection Measures: Alleger, injured person, petitioner, complainant, person giving testimony or whistleblower providing a clue or information regarding malfeasance, unusual wealth, or any other information relating to the performance of duties of the NACC, including their spouses, parents, descendants, or any related persons who have close relationship with such person, can file a request along with supporting evidence to the ONACC or other organisations offering witness protection. However, the ONACC may consider initiating protection measures without prior request as necessary, and the ONACC officers are responsible for obtaining prior written consent from the person who is entitled to protection or assistance.
Once a resolution for protection measures is decided, the ONACC can proceed to provide protection suitable for the status and condition of witnesses, or inform the Royal Thai Police, Rights and Liberties Protection Department (Witness Protection Centre) to render support as necessary.
2. Protection of Persons Acting in Good Faith: Any person who provides a statement or clue to the NACC or competent official if done in good faith, he or she shall be protected from both civil and criminal liabilities.
3. Whistleblower Rewards: In the conduct of fact inquiry of an allegation that a public official is unusually wealthy, if any person gives a lead, clue, information or fact in connection with assets or liabilities of the alleged culprit or the person under inspection, including the principal, instigator or aider and abettor to the NACC, and the giving of such lead, clue, information or fact results in the unusual wealth becoming property of the state as per the final ruling of the court, such person may receive a reward from the National Anti-Corruption Fund in accordance with the criteria as prescribed by the NACC.
Whistleblowing and reporting of information or statement regarding assets or liabilities of the accused or suspected, including their principal, instigator, or aider and abettor, to the NACC, shall at least contain the following particulars:
1. Name and address of the person making the allegation;
2. Name or position of the accused;
3. Sufficient information regarding assets or liabilities of the accused
or suspect, including their principal, instigator or aider and abettor, to show the legitimacy of the complaint.
Whistleblowers or reporters who give a lead, clue, information or fact in connection with assets or liabilities of the alleged culprit or the person under inspection, including the principal, instigator
or aider and abettor to the NACC, resulting in the unusual wealth becoming property of the state, as per the final ruling of the court, will be entitled to receive a reward from the National Anti-Corruption Fund in accordance with the criteria as prescribed by the NACC.
The NACC has the duties and powers to conduct an inquiry and decide whether a public official and any related persons has committed a corruption offence as follows:
1. Corruption or deliberate performance of duties or exercise of powers contrary to the provisions of the Constitution or laws.
2. Serious violation or failure to comply with ethical standards.
3. Commits corruption or malfeasance in office, or malfeasance in judicial office.
4. Unusual wealth.
5. Other offences under the duties and powers of the NACC.
6. In the case of a single act violating several provisions, and one of the provisions is undertaken under the duties and powers of the NACC.
7. The concerned persons are not public officials but, according to law, the case falls under the duties and powers of the ONACC.
8. Foreign public official or official of an international organisation who requests, accepts, or agrees to accept any assets or other benefits for himself or herself or other person.
9. Conduct an inquiry in case there is an allegation that a person holding a political position, a Constitutional Court judge, a person holding a position in an independent agency is involved in circumstances of unusual wealth, corruption, or deliberate performance of duties or exercise of powers contrary to the provisions of the Constitution or laws, including undertakings with another person who is the principal, instigator or aider and abettor as well as a donor, requested donor, or pledged donor, or juristic person involved with the giving of property or other benefits to illegally induce performance or omit or delay performance of an act.