Abstract:
The right to appeal any punishment ruling against an accused is one of the mechanism provided in the justice process by various laws to ensure that there would be a review at a higher level and the accused have been genuinely proven guilty as a matter of fact and law. As such there would be a checking on each agency and there would not be any agency with absolute authority to illegally impost any penalty under the democratic system of government. The legal issue related to the appeal of disciplinary action ruling of the National Counter Corruption Commission under Section 96 of the Organic Law on Counter Corruption Act. RE. 2542 is whether it ois provided in accordance with the rule of law of a democratic society as the provision in that section has given the National Counter Corruption Commission toexamine the malpractice of the officials of the three branches of the government: the legislative, executive and judiciary. The National Counter Corruption Commission is an independent agency created by the Constitution of the Kingdom of Thailand B.E. 2540 with the authority to examine the actions carried out by the officials of the legislature, executive, and the judiciary. The authority to review of the independent agency created under the Constitution is based on a system of check and balances, not a complete separation of powers, to ensure that the freedom of the people are protected. The disciplinary action ruling of the National Counter Corruption Commission is an action in accordance with the intent of the Constitution. Therefore, when the provision of the Organic Law on Counter Corruption Act Section 96 provides that the disciplinary action punishment ruling of the National Counter Corruption Commission must be appealed to the Civil Service Commission under Section 126 of the Civil Service Commission Act, such interpretation would jeopardize the authority of the National Counter Corruption Commission and the Civil Service Commission would assume the authority to review the ruling of the National Counter Corruption Commission instead. The provision of Section 96 of the National Counter Corruption Commission Act should not be correct and would go against the rule of law, because the action of the National Counter Corruption Commission is carried out as an independent agency which supposes to have the authority to review the actions of other agencies pursuance to the requirements of the Constitution. If the person found guilty by the ruling of the National Counter Corruption Commission can appeal such ruling to his own agency for a review, the task of the National Counter Corruption Commission would never have been accomplished. In order to fulfill the intent of the Constitution in creating the National Counter Corruption Commission with the authority to examine the actions of the officials of various agencies of the government, Section 96 of the Organic Law on National Counter Corruption Commission Act B.E. 2542 should be amended accordingly so that the Act can be a tool to promote the justice system of the state and the sustained development of the society.