The issue of serious disciplinary punishment against civil servants without having to appoint the disciplinary investigation committee for the criminal offence ruled by the NACC; Study the case of local government officials delayed repayment of advance loans

Abstract

This article aims to study the case where civil servants of local government organizations have entered into an advance loan agreement to travel to participate in the training, but there is a reason that cannot participate and late repayment of the loan and the NACC has conducted an inquiry and has reached a resolution that a civil servants of local government organizations has committed an criminal offense, and submitted such determination and  relevant documents to the supervisor to take serious disciplinary penalty without having to appoint the disciplinary investigation committee.

            The study found that borrowing money is loan for consumption according to the Civil and Commercial Code, Section 650, which would make such borrowings become the property of the borrowed officials as soon as the loan is delivered. The government officials who borrowed such money did not possess the borrowed money on behalf of the local government organization. Therefore, it may not be a criminal offense according to NACC can be accused and The NACC has notified the supervisor to take serious disciplinary penalty without having to appoint the disciplinary investigation committee by virtue of Section 98 of the Organic Act on Counter Corruption B.E.2561. Which it is a contrary the second paragraph of Constitution of the Kingdom of Thailand, Section 29. The author suggested the amendment of the Organic Act on Prevention and Suppression of Corruption B.E.2561 that government official shall be punished serious disciplinary when there is final judgment of the court that the government official is only the offender.