The Cabinet approved a draft law to prevent stagnation lawsuits.
Date 24 Jan 2022 time 19:11
Cabinet green light! Draft law to prevent stagnation of lawsuits Whoever is dishonest and filed a gag lawsuit Punishable by imprisonment for not more than 10 years, a fine of not more than 200,000, or both. Government employees are punished twice!
On 24 Jan. 65 Ms. Ratchada Thanadirek, Deputy Spokesperson for the Prime Minister’s Office Disclosed after the Cabinet meeting (Cabinet) on January 24, 2022 that the Cabinet approved the drafting of the Act on Measures to Prevent the Prosecution of Silence for Corruption and Misconduct Act B.E. …. proposed by the Office of the National Anti-Corruption Commission To prevent prosecution or oral prosecution and there is a law to protect people who express opinions or reveal clues about corruption and misconduct.
by this draft law It is the establishment of mechanisms to encourage people to participate in combating or pointing out clues about corruption and misconduct. and will be protected by the state by law Protection is provided to persons who express opinions, give statements, give clues or information. or there is an allegation in connection with an act of a State official or any person as a source of investigation, investigation or inquiry in the commission of malfeasance and misconduct; And such people are victims of the wrongful use of the justice system as a tool. or bullying By filing a lawsuit, whether it is a civil, criminal or administrative lawsuit. including disciplinary action The draft law has important things such as
1. Determine the definition of “silence prosecution” means bringing the judicial process by means of presenting charges to the court whether criminal, civil or administrative Including cases related to the original case that has already been brought before the court which acts in the manner of exercising rights in bad faith or misrepresent the facts to bully or take advantage of any person used as a tool
2. Determine the nature of the litigation or the gag lawsuit.
1) litigation or prosecution This was caused by the case where the defendant gave opinions, gave statements, gave clues or information. Make a complaint or an allegation about an offense of malfeasance and misconduct.
2) litigation or litigation in the nature of the exercise of rights in bad faith or misrepresent the facts for faking or taking advantage of the prosecuted
3. In the event that the investigating officer or public prosecutor or the prosecuted that the litigation or prosecution may be regarded as the nature of a silent prosecution under this Act to the investigating officer or public prosecutor have the power to examine, investigate or make an opinion in a case
4. Defend the plaintiff to keep his mouth shut and have the right to claim damages from the plaintiff. by stipulating that the court has the power to determine the value of the damage from being sued for silence which is an important mechanism of law to prevent stagnation lawsuits at the international level
5. Punishment
1) In the case of a silent prosecution under this Act where the plaintiff has the status of a government employee and is a dishonest exercise of rights Such act shall be deemed a disciplinary offense or a ground for removal from office. In the event that the court has a judgment dismissing the lawsuit because the prosecution is a gag lawsuit and the plaintiff is a government employee It shall be deemed that such act is a disciplinary offense or a ground for removal from office.
2) Whoever acts dishonestly filed a gag lawsuit in a manner to persecute a person to be subject to criminal penalties or bring a false statement to the court as a criminal case or in the manner of filing a lawsuit to negotiate or intimidate It shall be deemed that such act is an offense of obstruction of justice. shall be liable to imprisonment for not more than 10 years or a fine of not more than 200,000 baht, or both. If a government employee is the offender, the punishment is twice the prescribed penalty.
Next, the bill will be submitted to the Office of the Council of State for review. by taking opinions from relevant agencies such as the Ministry of Justice, the Office of the Civil Service Commission, to take into consideration Then send it to the Coordinating Committee of the House of Representatives for consideration before proposing to the National Assembly. This will enable effective law enforcement. This will eliminate corruption and misconduct in all circles of Thai society.
