The Criminal Court for Corruption and Misconduct Cases In Relation Corruption Problems and Solutions

Abstract

Abstract

                Corruption is a problem in Thailand and countries around the world which effects on growth and development of the country from the abuse of social benefit to private gain. It is a distorting of national resource usage resulting in an unequal distribution of wealth in society. Corruption causes political instability, lack of faith and trust on the government and decrease in private section inward and outward investment. There is question why Thailand as a democratic country having a lot of corruption problems extending nowadays. Democracy is accepted as the best governance abiding by the Rule of Law or Legal State Principle. State has a limited power and shall use this power complying with the law and citizens consent. Also, citizens are sovereign and able to participate in governance and policy-making with election, constitution limits the use of power providing equality in rights and liberties in relation to majority rule concerning minority rights. Parliamentary democracy is a system of government used in Thailand based on the principle of liberal and democratic state. Capitalism accepts possession in property as an individual right including market economy and free trade. Individual can accumulate and exploit from his own property unconditionally. Economic system rapidly develop to materialism and consumerism, this leads to over-consumption and society status value by granting a possession not concerned legal or moral. Finally, it causes corruption for gaining advantage. Free trade and investment without regulation make unequal distribution of wealth in society growing together with economic expansion. Patronage system is created as the more richness he has the more power he wants. Businessman can access to national and local politics by using patronage system in election campaign. Anti-corruption is needed for controlling and examining, and can be done in several ways in liberal democratic country whether political or legal. Judicial organ is one of the methods in the field of illegally act and punishment. Corruption is a crime, defined by Transparency International as the abuse of entrusted power for private gain. Thai dictionary describes that it is a misappropriation of official power while the Office of the Council of State defines as an official corrupt and misconduct. The problem of corruption has been around for a long time and tents to expand, due to the capitalism and free trade policy of democracy. Corruption Perceptions Index 2016 ranks Thailand in 101 from 176 countries, this reflects the high level of problem. Although Thailand expects to correct the problem by established the Office of the National Anti-corruption Commission, then converted to an independent regulatory later together with enacting several acts aiming for anti-corruption, this problem still occurs. Proceedings for corruption cases used to be done in general criminal court, then authorized to the Supreme Court of Justice’s Criminal Decision for Persons Holding Political Positions but not cover all area of corruption and misconduct cases. National Legislative Assembly enacted the Act on Establishment of Criminal Court for Corruption and Misconduct Cases and the Act on Criminal Court for Corruption and Misconduct Cases Procedure in 2016. The principle of the Act on Criminal Court for Corruption and Misconduct Cases Procedure alter into different procedure for several ways, such as inquisitorial system replacing accusatorial system. Corruption solutions should focus on the enforcement of the law seriously, rapidly and justly together with the adjustment of attitude and value in society. Sufficiency Economy, a method of development based on moderation, prudence, and social immunity using knowledge and virtue as guidelines in living, will lead the proper direction of granting possession in properties complying with the law and moral. The government should be a navigator for attitude and value changing that will conduce towards national development.