PROCEDURES FOR CORRUPTION AND MALFEASANCE CASES ACT, B.E (2016)

Transcription

1 Tentative Translation * PROCEDURES FOR CORRUPTION AND MALFEASANCE CASES ACT, B.E (2016) BHUMIBOL ADULYADEJ, REX; Given on the 26 th Day of September B.E. 2559; Being the 71 st Year of the Present Reign. His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to have the law on procedures for corruption and malfeasance cases; Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly, as follows. Section 1. This Act is called the Procedures for Corruption and Malfeasance Cases Act, B.E (2016). Section 2. 1 This Act shall come into force as from the day following the date of its publication in the Government Gazette. Section 3. In this Act: corruption and malfeasance cases means corruption and malfeasance cases under the law on the establishment of the Criminal Court for Corruption and Malfeasance Cases; Court means the Court having the jurisdiction to try and adjudicate cases under the law on the establishment of the Criminal Court for Corruption and Malfeasance Cases; * Translated by Associate Professor Dr. Pinai Nanakorn under contract for the Office of the Council of State of Thailand's Law for ASEAN project. Tentative Version subject to final authorisation by the Office of the Council of State. 1 Published in Government Gazette, Vol. 133, Part 86a, dated 30 th September 2016.

2 2 alleged culprit means the alleged culprit under the Organic Act on Anti- Corruption and under the law on executive measures for anti-corruption, and the accused under the Criminal Procedure Code; N.A.C.C. President means the President of the National Anti-Corruption Commission under the Organic Act on Anti-Corruption; N.A.C. Commission means the National Anti-Corruption Commission under the Organic Act on Anti-Corruption; P.A.C. Commission means the Public Sector Anti-Corruption Commission under the law on executive measures for anti-corruption; State official means a State official under the law on the establishment of the Criminal Court for Corruption and Malfeasance Cases; litigation official means an official of the Court of Justice appointed by the Secretary-General of the Office of the Judiciary to a post of a litigation official in accordance with the Rule issued by the Commission on Officials of Courts of Justice under the law on administrative organisation of Courts of Justice. Section 4. The provisions of this Act, except section 7, section 34, section 35, section 36 and section 37, shall also apply to the trial and adjudication of corruption and malfeasance cases in military courts, provided that: (1) the person entitled to file an application for the Court taking evidence under section 27 is the military public prosecutor under the law on the organisation of Military Courts; (2) the person with authority to institute an action shall be in accordance with the law on the organisation of Military Courts; (3) payment of rewards and expenses to the lawyer appointed by the Military Court for the accused shall be in accordance with the law on the organisation of Military Courts; (4) payment of fees, travel allowances, accommodation allowances and other expenses to persons under section 12 shall be in accordance with the Rule prescribed by the Ministry of Defence with the approval of the Ministry of Finance; (5) making an appeal and a Dikha appeal in a Military Court shall be in accordance with the law on the organisation of Military Courts; (6) the execution of judgments or orders in respect of criminal matters shall be in accordance with the law on the organisation of Military Courts;

3 3 (7) the expression public prosecutor includes a military public prosecutor under the law on the organisation of Military Courts. In the case where the N.A.C. Commission has the power to institute an action under the Organic Act on Anti-Corruption, the N.A.C. Commission shall have the power to institute an action as a plaintiff on its own volition or appoint a lawyer for instituting an action on its behalf before a Military Court. The General Assembly of military judges in the Supreme Military Court shall have the power to issue the Rules on the conduct of proceedings for the purpose of the execution of this Act or for the purpose of ensuring that the trial and adjudication of cases by Military Courts shall be proceeded in a convenient, speedy, fair and efficient manner, insofar as they are not contrary to or inconsistent with this Act, and such Rules shall come into force upon their publication in the Government Gazette. Section 5. The President of the Supreme Court and the Minister of Defence shall have charge and control of the execution of this Act. The President of the Supreme Court, with the approval of the General Assembly of judges of the Supreme Court, has the power to issue Regulations on the conduct of proceedings for the purpose of the execution of this Act or for the purpose of ensuring that the trial and adjudication of cases by the courts shall be proceeded in a convenient, speedy, fair and efficient manner, insofar as they are not contrary to or inconsistent with this Act, and such Regulations shall come into force upon their publication in the Government Gazette. CHAPTER I GENERAL PROVISIONS Section 6. Procedures for corruption and malfeasance cases shall be founded upon the inquisitorial system and be proceeded speedily in accordance with the provisions in this Act and the Regulations of the President of the Supreme Court. In the absence of such provisions and Regulations, the provisions of the Criminal Procedure Code, the Civil Procedure Code or the law on the establishment of Khwaeng Courts and criminal procedure in Khwaeng Courts shall apply insofar as they are not contrary to or inconsistent with the provisions of this Act.

4 4 In the case where a corruption and malfeasance case also involves any offence in connection with drugs under the law on procedures for drug-related cases or any offence under the law on anti-human trafficking, the provisions under the law on such particular procedures shall apply to such offence insofar as they are not contrary to or inconsistent with the provisions of this Act. Section 7. At a preliminary examination stage or during trial, the Court has the competence to entrust the litigation official to assist the Court in the conduct of any of the following proceedings in a corruption and malfeasance case: (1) to examine and gather evidence to be used by the Court as guidance for conducting a preliminary examination or trial; (2) to take action and prepare a report in connection with the case as required by an order of the Court; (3) to assist the Court in recording statements of witnesses; (4) to perform other duties in accordance with the provisions of this Act or in accordance with the Regulations of the President of the Supreme Court in the course of rendering such assistance. In the performance of duties under this Act, the litigation official shall be the official under the Penal Code and shall have the power to issue a written summons instructing any person to provide information or furnish documents for the purpose of assisting the consideration of any particular matter within his powers and duties. The rules and procedures for the performance of duties of litigation officials shall be as prescribed in the Regulation of the President of the Supreme Court. Section 8. In the interest of justice, the Court may issue an order instructing the party who has conducted proceedings in an incorrect manner to conduct proceedings in a correct manner within the time and on the conditions prescribed by the Court as it deems appropriate. Section 9. A period of time as prescribed in this Act, any other law which is required by the provisions of this Act to apply or the Regulation of the President of the Supreme Court or as prescribed by the Court may, if the Court deems appropriate or upon an application by a party, be shortened or extended by the Court as needed and in the interest of justice.

5 5 Section 10. The party who has filed a pleading, a motion, an application, a statement or all documents shall prepare copies thereof for submission to the Court in such a quantity as is sufficient for a quorum of the judges and other parties, unless otherwise ordered by the Court. The provisions of paragraph one shall not include the documents under section 15 paragraph two. Section 11. At a preliminary examination stage or during trial, the Court may, upon request made by a party and supported by a reasonable ground, grant permission for testimonies of witnesses and reports of court proceedings to be copied in accordance with the procedures and on the conditions as it deems appropriate. Section 12. The following persons are entitled to fees, travel allowances, accommodation allowances and other expenses in accordance with the Rule prescribed by the Commission on Administration of Courts of Justice under the law on administrative organisation of Courts of Justice: (1) the witness summoned by the Court on its own volition at a preliminary examination stage or during trial under section 17 and section 25; (2) the person who makes an appearance for giving statements and the person or group of persons appointed under section 23; (3) qualified members or experts whose appearance is requested by the Court for giving opinions under section 26. Section 13. In proceeding with a corruption and malfeasance case, in the case where the alleged culprit or the accused has escaped during the proceedings or during trial by the Court, the period of time during which the escape of the alleged culprit or the accused is in progress shall not be included in the computation of the period of prescription. In the case where a final judgment has been rendered for punishing the accused, if the accused has escaped during the sentence by the final judgment, the provisions of section 98 of the Penal Code shall not apply. Section 14. In proceeding with a corruption and malfeasance case under this Act, the alleged culprit or the accused who escapes during a provisional release shall be liable to

6 6 imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand Baht or to both, and, if it is an escape during trial by the Court, the Court may, whether it gives an order striking the case out of the case-list or not, gives an order instructing those having the duty in connection with a pursuit or an arrest of the accused to report the result within the time deemed appropriate by the Court. The offence under paragraph one does not extinguish on the ground that, in the case against such alleged culprit or accused, an order has been issued for non-prosecution or the dismissal of the case, the striking of the case out of the case-list or the withdrawal of the case. CHAPTER II PROCEDURES IN COURTS OF FIRST INSTANCE PART I INSTITUTION OF ACTION, PRELIMINARY EXAMINATION AND EXAMINATION OF EVIDENCE Section 15. A statement of accusation must be made in writing containing statements as provided in section 158 of the Criminal Procedure Code and containing statements making allegations as to the act constituting an offence of corruption and malfeasance and must indicate the circumstances of the alleged commission of the offence and provide such sufficiently clear evidence as to vindicate a pursuit of further proceedings. In a case in which the Attorney-General, a public prosecutor, the N.A.C.C. President or the N.A.C. Commission is the plaintiff, the accused shall, on the date of filing the statement of accusation, appear or be escorted for appearing before the Court, and the plaintiff shall submit to the Court reports as well as briefs of inquiries or briefs of fact-finding and electronic copies thereof, for the purposes of their primary use in the trial and their inclusion into official records. In the case where the Court considers that the statement of accusation is incorrect, the Court shall issue an order instructing the plaintiff to make correction thereof. Section 16. If the statement of accusation correctly complies with legal requirements, the Court shall order as follows:

7 7 (1) in the case where the injured person is the plaintiff, a preliminary examination shall be conducted, but if in such case the public prosecutor or the N.A.C. Commission is the plaintiff or in such case the Attorney-General or the N.A.C.C. President is the plaintiff, whereby the accused is prosecuted for the same charge, the proceedings under (2) or (3), as the case may be, shall be pursued; (2) in the case where the public prosecutor or the N.A.C. Commission is the plaintiff, a preliminary examination is not required, but if it is deemed appropriate, a preliminary may be ordered; (3) in the case where the Attorney-General or the N.A.C.C. President is the plaintiff, the Court shall accept the case for trial without any preliminary examination. In the case where a preliminary examination has been conducted under (1) or (2), the Court shall, if the defendant makes a confession, accept the case for trial. Section 17. A preliminary examination shall be conducted in accordance with section 165 of the Criminal Procedure Code. With respect to the case under section 16 (2), a preliminary examination shall be conducted in the same manner as that conducted in the case where the public prosecutor is the plaintiff. Whether it is the case in which the public prosecutor or the N.A.C. Commission is the plaintiff or the case in which the injured person is the plaintiff, before the commencement of a preliminary examination, if the accused appears in court, the Court shall ask the accused whether the accused has a lawyer. If the accused has no lawyer, the provisions of section 173 of the Criminal Procedure Code shall apply mutatis mutandis. In a preliminary examination, the accused may make a statement informing the Court of crucial facts or statements of law on the basis of which the Court should find that there is no prima facie case, and may also indicate in the statement persons, documents or objects which purport to support the facts therein. In such case, the Court may, as it deems appropriate, call such persons, documents or objects as evidence to assist the Court in making an order, provided that the plaintiff and the accused may interrogate the evidence upon permission by the Court. During a preliminary examination in a case in which the public prosecutor or the N.A.C. Commission is the plaintiff, the Court may order that the accused be put in custody or be granted a provisional release in accordance with the Criminal Procedure Code.

8 8 The order of the Court that there is a prima facie case shall clearly indicate supporting reasons. Section 18. Subject to section 173 of the Criminal Procedure Code, on the date of the filing of the statement of accusation or the date of first hearing, as the case may be, the Court shall, when the accused appears in Court and the Court is satisfied with the real identity of the accused, supply each of the accused with a copy of the statement of accusation and read as well as explain the same to the accused and ask questions as to whether the accused has actually committed the offence and how the accused shall plead. If the accused pleads or refuses to plead, the Court shall note it down and, if the accused pleads not guilty or refuses to plead, the Court shall fix the date for examining the evidence, provided that the parties shall be given not less than fourteen days prior notice thereof. Section 19. In the case where the accused pleads guilty as charged, although the charge in respect of which the accused pleads guilty carries, as a minimum rate of penalty under the law, imprisonment for a term of less than five years or any lesser penalty, the Court may call evidence to be further taken for acquiring the knowledge of the circumstances of the commission of the offence until the Court is satisfied that the accused has actually committed the offence. Section 20. Each party may adduce as evidence the party himself, physical evidence, documentary evidence, oral evidence or other evidence likely to prove that the accused is guilty or innocent, as the Court deems appropriate, and has the right to examine and make a copy of his own evidence or evidence of the other party. In adducing evidence under paragraph one, the party shall, not less than seven days prior to the date scheduled for an examination of evidence, submit a list of evidence together with a statement indicating reasons and the need for adducing such evidence and the means by which the evidence may be obtained. The submission of a list of additional evidence after the expiration of the period of time under paragraph two may be made only upon permission by the Court, provided that the person submitting the list of evidence must also submit a statement indicating reasons and the need therefor and the means by which such evidence may be obtained.

9 9 In the case where any documentary evidence or physical evidence is in possession of a third person, the party who intends rely on it may, by filing an application with the Court together with the submission of a list of evidence, request the Court to issue an order summoning such evidence from the person having it in possession, in order to obtain it prior to the date scheduled for an examination of evidence or the date fixed by the Court. Section 21. On the date of an examination of evidence, the party shall furnish documentary evidence and physical evidence which remains in his possession to the Court in the interest of its examination by the other party unless the Court orders otherwise by reason of the nature and need of the evidence itself. Thereafter, the party shall make a statement as to the way in which the evidence is to be adduced to the Court and the Court shall interrogate the party about its relevance to issues as well as the need for taking the evidence intended to be relied on and the acceptance of the other party s evidence. In the case where there is no challenge of any evidence or there is a challenge supported by no clear ground therefor, the Court may issue an order admitting such evidence without inquiry, but, where there is a challenge of any evidence or where the Court deems it right to do so, the Court shall proceed with the taking of such evidence, by fixing the date of the taking of evidence and giving not less than seven days prior notice thereof to the parties. PART II TRIAL AND ADJUDICATION Section 22. In the case where the Attorney-General, a public prosecutor, the N.A.C.C. President or the N.A.C. Commission is the plaintiff, the Court shall rely on the reports as well as briefs of inquiries or briefs of fact-finding of the plaintiff as a principal basis for the search of facts and the Court may conduct the additional taking of evidence for finding facts and evidence as it deems appropriate. Section 23. The Court has the competence to summons relevant evidence from any agency or person or summons any person to appear for giving statements or carry out any other act in the interest of the trial and has the competence to order the N.A.C.C. President, the

10 10 N.A.C. Commission, the P.A.C. Commission or any agency or person to examine and gather additional evidence and report it to the Court as well as furnish such evidence to the Court within the period of time fixed by the Court. The Court has the competence to appoint persons or groups of persons for performing duties as entrusted by the Court. The evidence obtained under paragraph one must be brought to the notice of all parties, without prejudice to the right of the parties to challenge such evidence. Section 24. The Court shall conduct trial and take evidence in an unremitting manner until the trial is complete, except in the case where there exists force majeure or any other inevitable necessity. Section 25. In taking oral evidence, whether adduced by any party or summoned by the Court, the Court shall notify the witness of the issues and facts to which the taking of evidence relates and shall cause the witness to give testimonies on such matter personally or by answering questions as addressed by the Court. The Court may interrogate the witness about any facts incidental to the case even though they are not invoked by any party and, thereafter, permit additional interrogations by the parties. Interrogations of the witness under paragraph one may be made by using leading questions. After the parties have interrogated the witness under paragraph one, no party shall interrogate the witness, except upon permission by the Court. Section 26. The Court may request qualified persons or experts to give opinions to assist the trial and adjudication, but all parties must be given notice thereof and be reasonably given an opportunity to require that their own qualified persons or experts be requested to give opinions rebutting or supplementing the opinions of such qualified persons or experts. Section 27. If the Attorney-General, the public prosecutor, the N.A.C.C. President, the N.A.C. Commission or the P.A.C. Commission and any person involved in the case fears that the evidence which may be relied on in the future will be lost or become difficult to be subsequently adduced, such person may file a motion to the Court for issuing an order that the

11 11 taking of such evidence be conducted forthwith in accordance with the Criminal Procedure Code. The evidence obtained therefrom shall be admissible into evidence, irrespective of whether thereafter an action will be instituted before the Court where the taking of evidence is conducted or not. Section 28. The trial and the taking of evidence shall be conducted openly in the presence of the accused. When the Court deems appropriate, for the purpose of ensuring that the trial shall be proceeded without delay, the Court has the competence to try and take evidence in the absence of the accused in the following cases: (1) the accused is unable to attend the trial and the taking of evidence by reason of his illness or any other inevitable necessity, provided that accused is represented by a lawyer and has obtained the Court s permission for not attending the trial and the taking of evidence; (2) the accused is a juristic person and the Court has issued a warrant of arrest against a manager or a representative of such juristic person but such person has not yet been successfully arrested; (3) the accused is within the jurisdiction of the Court but has escaped and the Court has issued a warrant of arrest but the accused has not yet been successfully arrested; (4) during trial or the taking of evidence, the Court has issued an order demanding the accused to leave the court room by reason of his obstruction of the trial or the accused has left the court room without permission by the Court. In such cases, when the Court has completed the trial, the Court shall proceed to render judgment for the case. Section 29. Upon completion of the taking of evidence, the party has the right to make an oral or written statement for closing the case within the time fixed by the Court. Section 30. Oral evidence in a corruption and malfeasance case may be accorded protection in accordance with special measures under the law on witness protection.

12 12 PART III CONFISCATION OF PROPERTY Section 31. In confiscating property in a corruption and malfeasance case, whether the plaintiff makes a request therefor or not, the Court, apart from its competence to order confiscation of property under specific laws, shall have competence to order confiscation of the following property, unless it is the property of another person who has no connivance with the commission of the offence: (1) the property which any person used or had in his possession for using in the commission of the offence; (2) the property or interest capable of assessment into money value which a person has obtained from the commission of the offence or from his involvement as an instigator, an aider and abettor or a publisher or announcer in order for another person to commit the offence; (3) the property or interest capable of assessment into money value which a person has obtained from a disposal, distribution or transfer in any manner of the property or interest under (1) or (2); (4) fruits or any other interests occurring from the property or interest under (1), (2) or (3). In issuing an order for confiscation of the property under (1), the Court shall make the determination in a manner suited to the circumstances and gravity of the commission of the offence and the prospect of reusing such property for the commission of offences. In the case where the Court is of the opinion that there exists any other method for preventing a person from using the property under (1) for the commission of offences, the Court shall have the competence to order that such method be pursued in lieu of confiscation of the property. If the pursuit of the action under paragraph three fails to achieve the intended result, the Court may issue an order for confiscation of such property at a later time.

13 13 Section 32. In a corruption and malfeasance case, all of the following property shall be confiscated, whether the plaintiff makes a request therefor or not, unless it is the property of another person who has no connivance with the commission of the offence: (1) the property or interest capable of assessment into money value which a person has given, offered to give or agreed to give to a State official for inducing any action, omission or delay in an action which is against the official duty; (2) the property or interest capable of assessment into money value which a State official has obtained from the commission of an offence of malfeasance in office, an offence of malfeasance in governmental office, an offence of malfeasance in judicial office or an offence of a similar nature under the law on anti-corruption or any other law; (3) the property or interest capable of assessment into money value which has been given, offered to be given or agreed to be given for inducing a person to commit an offence or as a reward for the commission of an offence by a person; (4) the property or interest capable of assessment into money value which a person has obtained from a disposal, distribution or transfer in any manner of the property or interest under (1), (2) or (3); (5) fruits or any other interests occurring from the property or interest under (1), (2), (3) or (4). Section 33. At the time of rendering judgment or thereafter, if it is by itself apparent to the Court or it is apparent from the application of the plaintiff that the object which will be or has been ordered by the Court to be confiscated is by its nature incapable of delivery, lost or incapable of being followed or recovered for any reason or has been joined with other property or has been disposed of, distributed, transferred or is unreasonably difficult to be followed or recovered or there exists any other reasonable cause, the Court may fix the value of such object by reference to its market price on the date of the Court s judgment or order and order the person who has the duty to furnish the object ordered by the Court to be confiscated to make money payment instead in accordance with the said value within the time fixed by the Court. In fixing the value under paragraph one in the case where the property is joined with other property or in the case where the value of the replacing property is lower than the market price of the object ordered by the Court to be confiscated on the date of the disposal,

14 14 distribution or transfer thereof, the Court shall have regard to the proportion of the property joined together or the value of the replacing property, as the case may be. In ordering a person to make money payment under paragraph one, the Court may require such person to make payment in full at one time or in instalments, having regard to what is appropriate and fair in a particular case, and such person must, in the case of failure to make payment or making payment in an inadequate amount within the period of time fixed by the Court, pay interest during the default at the rate provided by law and the Court shall have the competence to order the execution of judgment against such person s other property in the amount not exceeding that in arrears. CHAPTER III PROCEEDINGS FOR REQUESTING THAT THE PROPERTY VEST IN THE STATE Section 34. The provisions of Chapter II, Procedures in the Courts of First Instance, shall, except section 15 paragraph two, section 16, section 17, section 18, section 19, section 28, section 31 and section 32, apply mutatis mutandis to the trial and adjudication of a request that the property vest in the State on the ground of unusual wealthiness or an unusual increase of property. Section 35. A request for the Court s order that the property vest in the State must, in addition to the indication of particulars as to the allegations and circumstances demonstrating that the alleged culprit is unusually wealthy or has an unusual increase of property, also indicate particulars as to the property and the location of the property requested to vest in the State as well as the name and address of the person possessing it or officially recorded as its owner at the time of submission of the request. Section 36. Upon receipt of a request that the property vest in the State, the Court shall publish such request openly in accordance with the procedures prescribed in the Regulation of the President of the Supreme Court. A third person may make a challenge in the course of the case, provided that it must be made before the Court of First Instance renders judgement.

15 15 The challenge shall be made in writing to be submitted to the Court, with the detailed indication of the grounds therefor and the Court shall furnish a copy of the challenge to all parties. Section 37. Any person who makes a rebutting assertion that the property requested to vest in the State has not arisen from unusual wealthiness or is not the unusually increasing property shall have a burden of proof to the Court. If the person who has the burden of proof under paragraph one is unable to prove that the property requested to vest in the State has not arisen from unusual wealthiness or is not the unusually increasing property, the Court shall order that such property vest in the State. In the case where the person making the rebutting assertion is an heir or an administrator of the estate, the Court shall have regard to such person s ability to prove and proceed with its trial and adjudication in a manner that it deems fair. CHAPTER IV APPEAL Section 38. There shall be established in the Court of Appeal a division of corruption and malfeasance cases which shall have jurisdiction to try and adjudicate corruption and malfeasance cases in respect of which appeals are made against judgments or orders of Courts of First Instance, as provided in this Act. Section 39. Subject to section 41, an appeal against a judgment or order of the Court of First Instance in a corruption and malfeasance case shall be made to the division of corruption and malfeasance cases of the Court of Appeal, whereby it shall be filed with the Court of First Instance within one month as from the date on which such judgment or order has been read or is deemed to have been read to the appellant. When the Court of First Instance issues an order accepting the appeal or when a motion is filed for appealing against the Court of First Instance s order rejecting the appeal, the Court of First Instance shall furnish such appeal or motion together with the briefs to the division of corruption and malfeasance cases of the Court of Appeal for trial and adjudication without delay.

16 16 Section 40. In the case where the accused who is not put in custody intends to make an appeal, the accused may file an appeal only upon making an appearance before the court official at the time of the filing thereof, failing which the division of corruption and malfeasance cases of the Court of Appeal shall issue an order rejecting the appeal. Section 41. In the case where the Court of First Instance renders judgment imposing a death sentence or life imprisonment, the Court of First Instance shall, in the absence of any appeal against it, furnish the briefs and the judgment to the division of corruption and malfeasance cases of the Court of Appeal in accordance with section 245 of the Criminal Procedure Code. Section 42. The division of corruption and malfeasance cases of the Court of Appeal shall try and adjudicate or issue an order without delay and, subject to section 44, a judgment or order of the division of corruption and malfeasance cases of the Court of Appeal shall be final. Section 43. The provisions of this Act and the Criminal Procedure Code or the Civil Procedure Code governing the trial and adjudication during appeals shall apply mutatis mutandis to the trial and adjudication of the division of corruption and malfeasance cases of the Court of Appeal. CHAPTER V DIKA APPEAL Section 44. In making a Dika appeal against a judgment or an order of the division of corruption and malfeasance cases of the Court of Appeal, the Dika appellant shall file together with the Dika appeal a motion, indicating reasons for which the Supreme Court should accept the Dika appeal for trial under section 46, with the Court of First Instance which has rendered the judgment or issued the order in such case within one month as from the date on which the judgment or order of the division of corruption and malfeasance cases of the Court of Appeal has been read or is deemed to have been read and, thereafter, the Court of First Instance shall expeditiously furnish such motion together with such Dika appeal to the Supreme Court and the Supreme Court shall complete its consideration of and decision upon the motion without delay.

17 17 The provisions of section 40 shall apply to Dika appeals mutatis mutandis. Section 45. The motion under section 44 shall be considered and decided upon by a quorum of judges appointed by the President of the Supreme Court which shall consist of one Deputy President of the Supreme Court and at least three judges in the Supreme Court who hold or have earlier held a position not lower than that of Judge of the Supreme Court. A decision shall be by a majority of votes. In the case of an equality of votes, the opinion in favour of the acceptance of the Dika appeal shall prevail. Section 46. The Supreme Court shall have the competence to accept a Dika appeal under section 44 for trial when it is of the opinion that the issues to which the Dika appeal relates are the important issues deserving adjudication by the Supreme Court. Important issues under paragraph one shall include the following cases: (1) where the issue is associated with public interests; (2) where the judgment or order of the division of corruption and malfeasance cases of the Court of Appeal has made the determination of an important legal issue in a conflicting manner or in a manner contrary to the precedent judgments or orders of the Supreme Court; (3) where the judgment or order of the division of corruption and malfeasance cases of the Court of Appeal has made the determination of an important legal issue in respect of which there exists no precedent judgments or orders of the Supreme Court; (4) where the judgment or order of the division of corruption and malfeasance cases of the Court of Appeal is contrary to final judgments or orders of other Courts; (5) where the accused is sentenced to death or life imprisonment by a judgment of the division of corruption and malfeasance cases of the Court of Appeal; (6) where the consideration of facts and legal issues may lead to alteration of the important essence in the judgment or order of the division of corruption and malfeasance cases of the Court of Appeal; (7) where there exist other important issues in accordance with the Regulation of the President of the Supreme Court. In the case where the Supreme Court issues an order refusing to accept a Dika appeal for trial, such order shall be reasoned and the judgment or order of the division of

18 18 corruption and malfeasance cases of the Court of Appeal shall be final as from the date on which the order refusing to accept the Dika appeal has been read or is deemed to have been read. In the case where the Attorney-General enters a signature in the Dika appeal of the public prosecutor for endorsing that there is a reasonable ground for its adjudication by the Supreme Court, it shall be deemed that the issue in question is the important issue and the Supreme Court shall accept the Dika appeal. Section 47. The rules and procedures for the filing of the motion, the consideration of and decision upon and the time for the consideration of the motion under section 44, the examination of a Dika appeal, an answer to a Dika appeal, the trial and the adjudication shall be in accordance with the Regulation of the President of the Supreme Court. Section 48. The provisions of this Act and the Criminal Procedure Code or the Civil Procedure Code governing the trial and adjudication during Dika appeal shall apply mutatis mutandis to the trial and adjudication of the Supreme Court. CHAPTER VI EXECUTION OF JUDGMENTS OR ORDERS Section 49. Unless otherwise provided by this Act, the execution of a judgment or an order shall be, in respect of criminal matters, in accordance with the Criminal Procedure Code and shall be, in respect of civil matters, in accordance with the Civil Procedure Code. Section 50. The execution of judgment against other property of the person who is required to make money payment in lieu of the value of the object ordered by the Court to be confiscated or to vest in the State shall be made within ten years as from the date of the final judgment and the public prosecutor or the Office of the National Anti-Corruption Commission, as the case may be, shall have the power and duty to carry out the execution by applying for the Court s issuance of a writ of execution, and the execution officer of the Legal Execution Department shall have the power and duty to seize or attach the property and undertake auction sales thereof as

19 19 notified by the public prosecutor or the Office of the National Anti-Corruption Commission, provided that State agencies shall not levy fees or costs from the person carrying out the execution. The execution under paragraph one may be made even though the person who is required to make money payment in lieu of the value of the object ordered by the Court to be confiscated is dead if it is apparent that the judgment has become final prior to the death of such person. Section 51. In the case where the Court has issued an order for the confiscation of the property under section 31 and section 32, if it is subsequently apparent from the motion of the real owner that the real owner has had no connivance with the commission of the offence, the Court shall issue an order for a return of such property in its present condition if such property remains in possession of the officer. The motion of the real owner must be made before the Court within one year as from the date on which the judgment is final. In the case where the execution must be made against other property of the person who is required to make money payment under section 33, if it is apparent from the motion of the real owner of the property seized or attached that the real owner has had no connivance with the commission of the offence, the Court shall issue an order for a return of such property in its present condition. If a return of the property may not be made, a return shall instead be made in the form of money in accordance with the assessable price on the date of the seizure or attachment of the property or in accordance with the price obtained from the auction sale thereof, as the case may be. Such motion of the real owner shall be made before the Court within one year as from the date of the seizure or attachment of such property. TRANSITORY PROVISIONS Section 52. All corruption and malfeasance cases brought before the Court prior to the date on which this Act comes into force shall, until they become final, be governed by the law as in force prior to the date on which this Act comes into force. Section 53. All Rules or Regulations concerning the trial and adjudication of corruption and malfeasance cases as in force prior to the date on which this Act comes into force

20 20 shall continue to be in force insofar as they are not contrary to or inconsistent with this Act until Rules or Regulations are issued under this Act. The proceeding for issuing the Rule of the Ministry of Defence under this Act shall be completed within one hundred eighty days as from the date on which this Act comes into force. If the proceeding may not be completed, the Minister of Defence shall report reasons therefor to the Council of Ministers for information. Countersigned by: General Prayut Chan-o-cha Prime Minister