Abstract:
Constitution of The Kingdom of Thailand, B.E.2540 provides the special procedure of criminal justice to enforce the persons holding political office and principal, instigator or supporter of their commission of malfeasance in office according to the Penal code or a dishonest act in the performance of duties or corruption according to other laws. In order to decrease official corruption problems, the problem to be considered is whether the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions is competent to try and adjudicate the case against principal, instigator or supporter when the court dismisses the case against the person holding political office. Criminal justice procedure is the procedure carried on by the official commencing outside the court and in the court in eluding all the process of the trial up to the court decision. If the beginning of the trial against the principal, instigator or supporter who is not the persons holding political office, is lawful, the official and the Supreme Court of Justice's Criminal Division for persons Holding Political Position are competent until the end of the process. Although the Supreme Court of Justice's Criminal Division for Persons Holding Political Position shall dismiss the case against the persons holding political office, the court is still empower to try the case against the principal, instigator or supporter which is not deemed to deprive of his right 1 liberty or equality under the law, as the result 1 on the other hand, the special procedure of criminal justice shall be effectively enforced.