Abstract:
After the enforcement of the Counter Corruption Constitutional Act B.E. 2542, the Government and National Counter Corruption Commission (NCCC) had learned that the authority of the criminal procedure law is unclear and insufficient. There are overload cases for NCCC to operate in time with highest possible quality and efficiency. Therefore the draft act of the governmental corruption measures and amendment of the constitutional act are proposed to resolve the existing problems. The author has studied the guidelines of the criminal proceeding in accordance with the draft act and amendment act and found that the government office in Department of Justice's authorities to investigate the corruption of the middle rank's officers may initiate the inconsistency with the constitution. The author proposes that these problems can be resolved by grouping the complaints according to the type of allegations and the rank of officers either the complaints proceeded by NCCC or complaints that NCCC had authorized the government office in Department of Justice, inquiry official and affiliated institution to be sub-inquiry commission. It is also necessary to amend the article 45 of the Constitution Act that the sub-inquiry commission will not require to comprise at least one member of the NCCC. Nevertheless, these draft acts do not legislate liability of the corruption's conspiracy and examine the NCCC's inquiry files. In addition, the criminal liability does not include the corruptions offense of the foreign and international organization officers.