References: Chapter III, Section 62 of Constitution of The Kingdom of Thailand 1997 states that:

The right of a person to sue a State agency, State enterprise, local government organization or other State authority which is a juristic person to be liable for an act or omission done by its Government official, official or employee shall be protected, as provided by law.

Reference: [ LINK ]

Peer Review Comments: The provisional constitution gave the military immunity for any acts related to the coup.

The prime minister needs to explain his policy choices to the public (through TV and newspaper interviews and special programs). Sometimes MPs appointed by the junta also question the PM.

References: 1. www.opm.go.th

2. [ LINK ]

3. Interview with the government official of the Secretariat of the Prime Minister, Sept. 6, 2007

References: Chapter IIX, Section 272 of Constitution of The Kingdom of Thailand 1997 states that:

There shall be three levels of Courts of Justice, viz, Courts of First Instance, Court of Appeal and the Supreme Court of Justice, except otherwise provided by this Constitution or other laws.

There shall be in the Supreme Court of Justice a Criminal Division for Persons Holding Political Positions the quorum of which consists of nine judges of the Supreme Court of Justice holding a position of not lower than Judge of the Supreme Court of Justice and elected at a general meeting of the Supreme Court of Justice by secret ballot and on a case-by-case basis.

The competence of the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions and the criminal procedure for such persons shall be as provided by this Constitution and the organic law on criminal procedure for persons holding political positions." Reference: [ LINK ]

Peer Review Comments: The constitution gives the military immunity from any prosecution for acts related to the coup or to martial law.

References: 1.Interview with the government officials of the Supreme Court's Criminal Division for Persons Holding Political Positions, Sept. 6, 2007

2.www.ratchakitcha.soc.go.th

3.www.supremecourt.or.th

Peer Review Comments: The comments, which are more relevant to the previous question, provide no additional information about the de facto practice implied by the rating.

Strong prime ministers usually issue executive orders more extensively than weak ones regardless of regime types.

References: The Prime Minister's Office: www.opm.go.th

References: Chapter X, Section 308 of Constitution of The Kingdom of Thailand 1997 states that:

In the case where the Prime Minister, a minister, member of the House of Representatives, senator or other political official has been accused of becoming unusually wealthy, or of the commission of malfeasance in office according to the Penal Code or a dishonest act in the performance of duties or corruption according to other laws, the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions shall have the competent jurisdiction to try and adjudicate the case.

The provisions of paragraph one shall also apply to the case where the said person or other person is a principal, an instigator or a supporter.

Chapter X, Section 309 of Constitution of The Kingdom of Thailand 1997 states that:

A person injured by the act under section 308 shall have the right to lodge with the National Counter Corruption Commission the petition for action to be taken under section 301 (2) in accordance with the organic law on counter corruption.

The provisions of section 305 paragraph one, paragraph four and paragraph five shall apply mutatis mutandis.

Reference: [ LINK ]

Peer Review Comments: Neither the king nor the current government can be prosecuted.

Peer Review Comments: It should be added that, although the king cannot be prosecuted, the prime minister can, at least in theory.

References: Chapter X, Section 308 of Constitution of The Kingdom of Thailand 1997 states that:

"In the case where the Prime Minister, a minister, member of the House of Representatives, senator or other political official has been accused of becoming unusually wealthy, or of the commission of malfeasance in office according to the Penal Code or a dishonest act in the performance of duties or corruption according to other laws, the Supreme Court of Justices Criminal Division for Persons Holding Political Positions shall have the competent jurisdiction to try and adjudicate the case.

"The provisions of paragraph one shall also apply to the case where the said person or other person is a principal, an instigator or a supporter."

Chapter X, Section 309 of Constitution of The Kingdom of Thailand 1997 states that:

"A person injured by the act under section 308 shall have the right to lodge with the National Counter Corruption Commission the petition for action to be taken under section 301 (2) in accordance with the organic law on counter corruption.

"The provisions of section 305 paragraph one, paragraph four and paragraph five shall apply mutatis mutandis."

Reference: [ LINK ]

References: Chapter III, Section 32 of Organic Act on Counter Corruption 1999 states that:

Persons holding political positions shall, on each occasion of taking or vacating office, submit to the N.C.C. Commission an account showing particulars of their assets and liabilities and those of their spouses and children who have not yet become sui juris as they actually exist on the date of the submission, in accordance with the form prescribed by the N.C.C. Commission.

The assets and liabilities which are subject to the declaration requirement shall include assets and liabilities in foreign countries and those which are not in possession of the declarers, their spouses and children who have not become sui juris.

In the case where any person holding a political position under paragraph one hold more than one political position, such person shall submit separate accounts showing particulars of assets and liabilities for every position in accordance with the time prescribed for the submission of the account in respect of such position."

Chapter X, Section 291 of Constitution of The Kingdom of Thailand 1997 states that:

Persons holding the following political positions shall submit an account showing particulars of assets and liabilities of themselves, their spouses and children who have not yet become sui juris to the National Counter Corruption Commission on each occasion of taking or vacating office:

(1) Prime Minister; (2) Minister; (3) members of the House of Representatives; (4) senators; (5) other political officials; (6) local administrators and members of a local assembly as provided by law.

The account under paragraph one shall be submitted together with the supporting documents evidencing the actual existence of such assets and liabilities as well as a copy of the personal income tax return of the previous fiscal year. The declarer shall certify the accuracy of the account and copies of the submitted documents by affixing his or her signature on every page thereof.

References: Chapter III, Section 32 of Organic Act on Counter Corruption 1999 states that:

Persons holding political positions shall, on each occasion of taking or vacating office, submit to the N.C.C. Commission an account showing particulars of their assets and liabilities and those of their spouses and children who have not yet become sui juris as they actually exist on the date of the submission, in accordance with the form prescribed by the N.C.C. Commission.

The assets and liabilities which are subject to the declaration requirement shall include assets and liabilities in foreign countries and those which are not in possession of the declarers, their spouses and children who have not become sui juris.

In the case where any person holding a political position under paragraph one hold more than one political position, such person shall submit separate accounts showing particulars of assets and liabilities for every position in accordance with the time prescribed for the submission of the account in respect of such position.

Chapter X, Section 291 of Constitution of The Kingdom of Thailand 1997 states that:

Persons holding the following political positions shall submit an account showing particulars of assets and liabilities of themselves, their spouses and children who have not yet become sui juris to the National Counter Corruption Commission on each occasion of taking or vacating office:

(1) Prime Minister; (2) Minister; (3) members of the House of Representatives; (4) senators; (5) other political officials; (6) local administrators and members of a local assembly as provided by law.

The account under paragraph one shall be submitted together with the supporting documents evidencing the actual existence of such assets and liabilities as well as a copy of the personal income tax return of the previous fiscal year. The declarer shall certify the accuracy of the account and copies of the submitted documents by affixing his or her signature on every page thereof.

References: Section 5 of Notification of the N.C.C. Commission Concerning the provisions of the acceptance of property or any other benefit on ethical basis by State officials 2000 states that:

Any State official shall receive property or any other benefit on ethical basis only as follows:

(1) to receive property or any other benefit from relative as a gift and the amount of the gift is proper to the station in life;

(2) to receive property or any other benefit from any person other than relative and the price or value of the thing received from each person and on each occasion does not exceed 3,000 baht (US$99);

(3) to receive property or any other benefit on the occasion that the giving is meant for general people.

Chapter IX, Section 103 of Organic Act on Counter Corruption 1999 states that

Any State official shall not receive property or any other benefit from any person other than the legitimate property or benefit derived under the law, rules or regulations issued by virtue of the provisions of law, with the exception of the acceptance of the property or any other benefit on the ethical basis in accordance with the rules and in such amount as prescribed by the N.C.C. Commission.

The provisions of paragraph one shall apply mutatis mutandis to the acceptance of property or any other benefit by the person who has ceased to be a State official for less than two years.

Reference: [ LINK ]

References: Chapter II, Section 19 (No.4) of Organic Act on Counter Corruption 1999 states that:

Persons holding political positions shall, on each occasion of taking or vacating office, submit to the N.C.C. Commission an account showing particulars of their assets and liabilities and those of their spouses and children who have not yet become sui juris as they actually exist on the date of the submission, in accordance with the form prescribed by the N.C.C. Commission.

Reference: [ LINK ]

References: Restrictions on post ministerial employment are implemented. Ministers as state officials, have to have at least 2 years post employment before they are allowed to be employed in the companies that have received concession, license, or contracts from the government.

Chapter IX, Section 101-103 of Organic Act on Counter Corruption 1999 state that:

Section 100:Any State official shall not carry out the following acts: (1) being a party to or having interest in a contract made with a Government agency where such State official performs duties in the capacity as State official who has the power to conduct supervision, control, inspection or legal proceedings;

(2) being a partner or shareholder in a partnership or company which is a party to a contract made with a Government agency where such State official performs duties in the capacity as a State official who has the power to conduct supervision, control, inspection or legal proceedings;

(3) being a concessionaire or continuing to hold a concession from the State, State agency, State enterprise or local administration or being a party to a contract of a directly or indirectly monopolistic nature made with the State, a Government agency, State agency, State enterprise or local administration, or being a partner or shareholder in a partnership or company which is a concessionaire or a contractual party in such manner;

(4) being interested in the capacity as a director, counsel, representative, official or employee in a private business which is under supervision, control or audit of the State agency to which such State official is attached or where such State official performs duties in the capacity as State official, provided that the nature of the interest of the private business may be contrary to or inconsistent with public interest or the interest of the Government service or may affect the autonomy in the performance of duties of such State official.

The positions of State officials prohibited from carrying out the activities under paragraph one shall be prescribed and published in the Government Gazette by the N.C.C. Commission. The provisions of paragraph one shall apply to spouses of the State officials under paragraph two. For this purpose, the activities carried out by the spouse shall be deemed as the activities carried out by the State official.

Section 101: The provisions of section 100 shall apply mutatis mutandis to the activities carried out by the person who has already ceased to be the State official for less than two years, with the exception of the holding of shares of not more than five percent of the total number of shares issued by a public limited company which is not a party to a contract made with the State agency under section 100 (2), for which permission is obtained under the law on securities and securities exchange.

Section 102: The provisions of section 100 shall not apply to the carrying out of activities of the State official who is entrusted, by the Government agency having the power to supervise, control or inspect the operation of a limited company or a public limited company, to perform duties in the limited company or public limited company in which the State agency holds shares or with which it participates in an undertaking.

Section 103: Any State official shall not receive property or any other benefit from any person other than the legitimate property or benefit derived under the law, rules or regulations issued by virtue of the provisions of law, with the exception of the acceptance of the property or any other benefit on the ethical basis in accordance with the rules and in such amount as prescribed by the N.C.C. Commission.

The provisions of paragraph one shall apply mutatis mutandis to the acceptance of property or any other benefit by the person who has ceased to be a State official for less than two years.

References: Telephone interview with an official of Office of the National Counter Corruption Commission Sept. 7, 2007

References: Interview with Ms.Kratib, a political news journalist, The Post Today Newspaper, Sept. 13, 2007

Peer Review Comments: They are completely ineffective. Ive not heard of someone geting in trouble for accepting these gifts (except for political victims).

References: Citizens can access the asset disclosure records of the heads of state and government through the Internet:

1.[ LINK ] --> [ LINK ]

2.[ LINK ] (December 1,2006) --> Only Memder.

References: Ariticle II, Section 35 of Organic Act on Counter Corruption 1999 states that:

When the account showing the particulars of assets and liabilities and its supporting documents under section 33 have been received, the President or the member as entrusted by the President shall affix his or her signature on every page of the account.

The account and supporting documents under paragraph one submitted by the Prime Minister and Ministers shall be disclosed to the public without delay but not later than thirty days as from the date of the expiration of the time-limit prescribed for the submission of such account. The account of the persons holding other positions shall not be disclosed to any person unless the disclosure will be useful for the trial and adjudication of cases or for the making of a determination and is requested by the courts or the State Audit Commission.

The President shall convene a meeting of the N.C.C. Commission to inspect the accuracy and the actual existence of assets and liabilities without delay.

Chapter X, Section 293 of Constitution of The Kingdom of Thailand 1997 states that:

When the account showing the particulars of assets and liabilities and its supporting documents has been received, the President of the National Counter Corruption Commission or the member of the National Counter Corruption Commission as entrusted by the President shall affix his or her signature on every page of the account.

The account and supporting documents under paragraph one submitted by the Prime Minister and Ministers shall be disclosed to public without delay but not later than thirty days as from the date of the expiration of the time limit for the submission of such account. The account of the persons holding other positions shall not be disclosed to any person unless the disclosure will be useful for the trial and adjudication of cases or for the making of a decision and is requested by the courts or the State Audit Commission.

The President of the National Counter Corruption Commission shall convene a meeting of the Commission to inspect the accuracy and the actual existence of assets and liabilities without delay.

References: Citizens can access the asset disclosure records of the heads of state and government through the Internet:

1.[ LINK ] --> [ LINK ]

2.[ LINK ] (December 1,2006) --> Only Memder.

References: Citizens can access the asset disclosure records of the heads of state and government through the following Web sites (free of charge): 1.[ LINK ] --> [ LINK ]

2.[ LINK ] (December 6, 2006)--> Only Memder.

References: Interview with Ms..Kratib, a political journalist from The Post Today Newspaper, .Sept. 13, 2007