Drafters hear opinions on new law to fight corruption

THURSDAY, MARCH 02, 2017
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Drafters hear opinions on new law to fight corruption

The Constitution Drafting Commission (CDC) on Wednesday held a public discussion over a new organic law on criminal procedures for political-office holders, which aims make dealing with corrupt politicians more efficient.

CDC chairman Meechai Ruchupan sought participants views on three major issues at the forum. 
One was whether the judiciary procedure should continue regardless of the absence of defendants. He said the defendants of corruption cases could have their lawyers represent them, just like they would represent their clients in normal cases. 
The other two points he raised were improving the speed of the legal procedure while maintaining justice and the possibility of separating minor defendants from corruption cases where the defendants cannot be found, which resulted in the case being dropped. This proposal would allow minor defendants to fight their cases in a normal court.
Meechai also explained that the CDC was trying to improve the organic law by imposing an inquisitorial system rather than the current accusatorial system for the sake of speed. 
However, he said corruption cases should focus more on what was right for the country, rather than on who wins or loses the cases. He added that the CDC would also try and impose the same practice on the Constitutional Court. 
The draft organic law on criminal procedures for the holders of political office has 71 articles. There are at least three unprecedented clauses in the new legislation.
Article 31 says that once a lawsuit is accepted, the court will not allow the case to be withdrawn unless it affects the justice system. The prescription, according to Article 33, excludes the period during which the defendant has absconded. 
Articles 62 and 63 say defendants can appeal against a court verdict within 30 days, provided they do so without a lawyer. However, this practice only applies to cases brought to court after the organic law comes into effect.

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