Fact Sheet on the Supreme Court's Criminal Division for Political Office Holders

I. Origin of the Court
                    •  The Supreme Court's Criminal Division for Political Office Holders was established pursuant to Section 272 of the Constitution of the Kingdom of Thailand, RB. 2540 (1997), which has been transposed into Section 219 of the current Constitution, B.E. 2550 (2007). This makes this particular court different from other divisions of the Supreme Court which were created pursuant to the Establishment of Specialized Courts Act. The Supreme Court's Criminal Division for Political Office Holders is part of the Court of Justice.

                    •  Duringthe past 10-20 years, not many criminal cases have been brought against politicians to the Courts of Justice. The setting up ofa specialized court such as the Criminal Division for Political Office Holders of the Supreme Court is to allow for cases against politicians who have allegedly committed wrong-doings or offences to be considered swiftly with a final decision made on a timely basis. This is in order to ensurethat political office holders-- whether they be the Prime Minister or Ministers -- accusedof wrong-doings and found guilty receive punishment and be removed from office as soon as possible, while those who are innocent can carry on their high responsibilities with their integrity guaranteed by an impartial body.

II. Scope and Functions
                      •   According to Section 219 of the present Constitution and the Organic Law on Criminal Procedures for Political Office Holders,B.B. 2542 (1999), the Supreme Court's Criminal Division for Political Office Holders has competence over the following cases: 
                          (1) Casesin which the Prime Minister, Ministers, Members of the House of Representatives, Members of the Senateor other political office holders are accused of unusual wealth, of committing malfeasance according to the Criminal Code, or of committing malfeasance or  corruption according to other laws; 
                          (2) Cases in which the individuals listed in (1) or other individuals are accusedof acting as culprit, using or supporting the commission of criminal acts under (1);
                          (3) Cases in which the President of the Senate files a motion to the Court to adjudicate accusations against any member of the National Anti-Corruption Commission of unusual wealth, committing corrupt conductin performing his or her duties, or committing malfeasance;
                          (4) Cases in which a request is made for the unusual wealth of the Prime Minister, Ministers, Members of the Houseof Comrnons, Members of the Senate, other political office holders, or local administrators and members of the local councils as stipulated by the law, to become property of the state.

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