Disciplinary action issues against government officials under the 2018 Constitutional Act on Prevention and Suppression of Corruption

Abstract

          This academic article aims to study the background, concepts, and theories regarding disciplinary actions against government officials, as determined by the National Anti-Corruption Commission (NACC) in its decision to indict government officials under the 2018 Organic Act on the Prevention and Suppression of Corruption. Numerous legal issues have been identified, and these issues will be analyzed and researched for the improvement of the processes. Successful international concepts and theories in disciplinary actions will be adapted for Thailand, ensuring the compliance with the rule of law.

          The framework for this analysis includes legal issues under the 2018 Organic Act on the Prevention and Suppression of Corruption regarding disciplinary action against government officials, as determined by the NACC in its decision to indict government officials. Various concepts and theories are used, and a comparison of the disciplinary action laws against government officials in France, the Federal Republic of Germany, the United States, and Japan is performed to develop and to amend these laws. This will lead to the development of appropriate and internationally recognized disciplinary action against government officials.

The analysis found that several legal issues need to be developed, improved, and amended: 1. Problems related to the powers and duties of the NACC in investigating and making

          disciplinary findings. The duties and powers regarding disciplinary findings should be clearly stipulated in the provisions concerning the powers and duties of the NACC. 2. Problems of legal equality in disciplinary proceedings and disciplinary punishment. Amendments should be made to ensure legal equality. 3. Problems of restricting the rights of the Civil Service Protection System Commission (CSPCC) in considering and deciding the appeals. Amendments should be made to grant full rights to the CSPCC in its consideration to ensure fairness for those who are punished. 4. Problems related to the request for a review of the NACC's disciplinary findings. The timeframe for the request for a review of the NACC's findings should be appropriately amended to further facilitate justice to the accused person.