Section 297. The National Counter Corruption Commission consists of the President and eight qualified members appointed by the King with the advice of the Senate.
Members of the National Counter Corruption Commission
shall be persons of apparent integrity, with qualifications and without any
of the prohibitions under section 256.
The provisions of section 257 and section 258
shall apply to the selection and election of members of the National Counter
Corruption Commission mutatis mutandis. For this purpose, the Selective Committee
for members of the National Counter Corruption Commission shall consist of fifteen
members, viz, the President of the Supreme Court of Justice, the President of
the Constitutional Court, the President of the Supreme Administrative Court,
Rectors of all State higher education institutions which are juristic person,
being elected among themselves to be seven in number, and representatives of
all political parties having a member who is a member of the House of Representatives;
provided that each party shall have one representative and all such representatives
shall elect among themselves to be five in number.
The President of the Senate shall countersign
the Royal Command appointing the President and members of the National Counter
Corruption Commission.
Section 298.
Members of the National Counter Corruption Commission shall
hold office for a term of nine years as from the date of their appointment by
the King and shall serve for only one term.
Members of the National Counter Corruption Commission
who vacate office at the expiration of term shall remain in office to continue
to perform their duties until the newly appointed members take office.
Section 260 and section 261 shall apply to the vacation, selection and election of members of the National Counter Corruption Commission mutatis mutandis.
Section 299.
Members of the House of Representatives of not less than one-fourth
of the total number of the existing members of the House have a right to lodge
with the President of the Senate a complaint that any member of the National
Counter Corruption Commission has acted unjustly, intentionally violated the
Constitution or laws or has been under any circumstance which is seriously detrimental
to the dignity of the holding of office, in order to request the Senate to pass
a resolution removing him or her from office.
The resolution of the Senate removing the member
of the National Counter Corruption Commission from office under paragraph one
shall be passed by votes of not less than three-fourths of the total number
of the existing members of the Senate.
Section 300. Members
of the House of Representatives, senators or members of both
Houses of not less than one-fourth of the total number of the existing members
of both Houses have a right to lodge with the Supreme Court of Justice's Criminal
Division for Persons Holding Political Positions an allegation that any member
of the National Counter Corruption Commission has become unusually wealthy or
has committed an offence of corruption or malfeasance in office.
The request under paragraph one shall clearly,
itemise the circumstance in which such person has allegedly committed the act
under paragraph one and shall be submitted to the President of the Senate. When
the President of the Senate has received the said request, the President shall
refer it to the Supreme Court of Justice?s Criminal Division for Persons Holding
Political Positions for trial and adjudication.
The alleged member of the National Counter Corruption
Commission shall not perform his or her duty until the Supreme Court of Justice?s
Criminal Division for Persons Holding Political Positions has dismissed the
said request.
Section 301.
The National Counter Corruption Commission shall have the
following powers and duties:
(1) to inquire into facts, summarise the case
and prepare opinion to be submitted to the Senate according to section 305;
(2) to inquire into facts, summarise the case
and prepare opinions to be submitted to the Supreme Court of Justice?s Criminal
Division for Persons Holding Political Positions in accordance with section
308;
(3) to inquire and decide whether a State official
has become unusually wealthy or has committed an offence of corruption, malfeasance
in office or malfeasance in judicial office in order to take further action
in accordance with the organic law on counter corruption;
(4) to inspect the accuracy, actual existence
as well as change of assets and liabilities of the persons holding positions
under section 291 and section 296 as stated in the account and supporting documents
submitted;
(5) to submit an inspection report and a report
on the performance of duties together with remarks to the Council of Ministers,
the House of Representatives and the Senate annually and publish that report
for dissemination;
(6) to carry on other acts as provided by law.
Section 146 and section 265 shall apply to the performance of duties of the National Counter Corruption Commission mutatis mutandis.
Section 302. The
National Counter Corruption Commission shall have an independent
secretariat, with the Secretary-General of the National Counter Corruption Commission
as the superior responsible directly to the President of the National Counter
Corruption Commission.
The appointment of the Secretary-General of the
National Counter Corruption Commission shall be approved by the National Counter
Corruption Commission and the Senate.
The Office of the National Counter Corruption
Commission shall have autonomy in personnel administration, budget and other
activities as provided by law.
CHAPTER I - General Provisions 1-7
CHAPTER II - Amendment of the Constitution 8-25
CHAPTER III - Rights and Liberties of the Thai People 26-65
CHAPTER IV - Duties of the Thai People 66-70
CHAPTER V - Directive Principles of Fundamental State Policies 71-89
CHAPTER VI - The National Assembly
Part 1 General Provisions 90-97
Part 2 The House of Representatives 98-120
Part 3 The Senate 121-135
Part 4 Election Commission 136-148
Part 5 Provisions Applicable to both Houses 149-192
Part 6 Joint Sittings of the National Assembly 193-195
Part 7 Ombudsmen 196-198
Part 8 The National Human Rights Commission 199-200
CHAPTER VII - The Council of Ministers 201-212
CHAPTER VIII The Courts
Part 1 General Provisions 233-254
Part 2 Constitutional Court 255-270
Part 3 Courts of Justice 271-275
Part 4 Administrative Courts 276-280
Part 5 Military Courts 281
CHAPTER IX Local Government 282-290
CHAPTER X Inspection of the Exercise of State Power
Part 1 Declaration of Accounts Showing Particulars of Assets and Liabilities 291-296
Part 2 The National Counter Corruption Commission 297-302
Part 3 The Removal from Office 303-307
Part 4 Criminal Proceedings Against Persons Holding Political Positions 308-311
CHAPTER XII Amendment of the Constitution Transitory Provisions 313