Section 303. A person holding a position of Prime Minister, Minister, member of the House of Representatives, senator, President of the Supreme Court of Justice, President of the Constitutional Court, President of the Supreme Administrative Court or Prosecutor General, who is under the circumstance of unusual wealthiness indicative of the commission of corruption, malfeasance in office, malfeasance in judicial office or an intentional exercise of power contrary to the provisions of the Constitution or law, may be removed from office by the Senate.
The provisions of paragraph one shall also apply
to the persons holding the following positions:
(1) Election Commissioner, Ombudsman, judge of
the Constitutional Court, and member of the State Audit Commission;
(2) judge, public prosecutor or high ranking official
in accordance with the organic law on counter corruption.
Section 304. Members
of the House of Representatives of not less than one-fourth of the total number
of the existing members of the House or voters of not less than fifty-thousand
in number have the right to lodge with the President of the Senate a complaint
in order to request the Senate to pass a resolution under section 307 removing
the persons under section 303 from office. The said request shall clearly itemise
circumstances in which such persons have allegedly committed the act.
Senators of not less than one-fourth of the total
number of the existing members of the Senate have the right to lodge with the
President of the Senate a complaint in order to request the Senate to pass a
resolution under section 307 removing a senator from office.
The rules, procedure and conditions for the lodging
of the complaint by the voters under paragraph one shall be in accordance with
the organic law on counter corruption.
Section 305. Upon
receipt of the request under section 304, the President of
the Senate shall refer the matter to the National Counter Corruption Commission
for investigation without delay.
When the investigation is complete, the National
Counter Corruption Commission shall prepare a report thereon for submission
to the Senate. The said report shall clearly state whether, and to what extent,
the accusation put in the request is prima facie case and shall state the reasons
therefor.
In the case where the National Counter Corruption
Commission is of the opinion that the accusation put in the request is an important
matter, the National Counter Corruption Commission may make a separate report
specifically on the said accusation and refer it to the Senate in advance.
If the National Counter Corruption Commission
passes a resolution that the accusation has a prima facie case, the holder of
the position against whom the accusation has been made shall not, as from the
date of such resolution, perform his or her duties until the Senate has passed
its resolution. The President of the National Counter Corruption Commission
shall submit the report, existing documents and its opinion to the President
of the Senate for proceeding in accordance with section 306 and to the Prosecutor
General for instituting prosecution in the Supreme Court of Justice?s Criminal
Division for Persons Holding Political Positions. If the National Counter Corruption
Commission is of the opinion that the accusation has no prima facie case, such
accusation shall lapse.
In the case where the Prosecutor General is of
the opinion that the report, documents and opinion submitted by the National
Counter Corruption Commission under paragraph four are not so complete as to
institute prosecution, the Prosecutor General shall notify the National Counter
Corruption Commission for further proceedings and, for this purpose, the incomplete
items shall be specified on the same occasion. In such case, the National Counter
Corruption Commission and the Prosecutor General shall appoint a working committee,
consisting of their representatives in an equal number, for collecting complete
evidence and submit it to the Prosecutor General for further prosecution. In
the case where the working committee is unable to reach a decision as to the
prosecution, the National Counter Corruption Commission shall have the power
to prosecute by itself or appoint a lawyer to prosecute on its behalf.
Section 306.
Upon receipt of the report under section 305, the President
of the Senate shall convoke a sitting of the Senate for considering the said
matter without delay.
In the case where the National Counter Corruption
Commission submits the report out of session of the Senate, the President of
the Senate shall inform the President of the National Assembly in order to tender
a petition to the King for the issuance of a Royal Command convoking an extraordinary
session of the National Assembly. The President of the Senate shall countersign
the Royal Command.
Section 307.
A senator shall have autonomy in casting a vote, which must
be by secret ballot. A resolution for the removal of any person from office
shall be passed by votes of not less than three-fifths of the total number of
the existing members of the Senate.
A person who is removed from office shall vacate
office or be released from government service as from the date of the resolution
of the Senate. Such person shall be deprived of the right to hold any political
position or to serve in the government service for five years.
The resolution of the Senate under this section
shall be final and no request for the removal of such person from office shall
be made on the same ground, without, however, prejudice to the trial of the
Supreme Court of Justice's Criminal Division for Persons Holding Political Positions.
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