Firms offering bribes 'also targeted'

  HOW DID YOUR AGENCY DISCUSS THE NECESSITY OF PUTTING THIS AMENDMENT IN PLACE WITH OTHER AGENCIES BEFORE PUSHING IT AHEAD?

You must know that this amendment has followed our commitment to the United Nations Convention against Corruption (UNCAC), which Thailand signed in 2003 and ratified in 2011.

We never sat still, but tried to amend our law to strengthen our work, but lawmaking procedures were sluggish due to the dissolution of parliament several times as well as changes of governments. We had not been successful until the arrival of this government, which gives importance to anti-corruption.

So, we tried pushing the law again, which passed deliberation by the Council of State. We tabled it before the National Legislative Assembly, which later passed it for us. 

Besides fulfilling the commitment that we have with the UN, we will from now on have a more effective tool to tackle corruption both within and outside the country.

 

WHAT ARE THE CRITICAL ESSENCES OF THIS LAW?

First and foremost, it determines guilt in regard to graft by foreign officials as well as personnel of foreign firms, and addresses the NACC’s authority to investigate and assess their wrongdoing.

This is because corruption has grown complex and it now often involves trans-border criminal offences that tend to cause a lot of damage to the state. By amending the law, we can handle cases under the principle of dual criminality that allows us to ask for cooperation from foreign countries to proceed with legal action. 

Secondly, it gives the NACC authority to investigate and deliberate private entities, as corruption involves both bribe takers and bribers. This also covers firms that are often found bribing state officials in big state projects and thus causing a lot of state damage. The law also sets penalties against corrupt firms with high-cost fines.

Apart from these changes, the law has also improved asset seizure procedures based on transformed values, in cases where assets were sold or transferred. The law also erases the statute of limitations on corruption cases, meaning the NACC can chase after wrongdoers and bring them to justice without time limits. And last but not least, the law will improve cooperation between the NACC and other anti-corruption related agencies both within and outside the country.

HOW HAS THE NACC IMPLEMENTED THIS LAW SINCE IT WAS PROMULGATED?

It’s clear that the NACC from now on has more power to chase after wrongdoers in corruption cases following the increased authority given by this law. It can chase after them even if they have fled overseas or hidden their assets. More importantly, the NACC can now work on both bribe takers and bribers, thus completing its investigations as evidence often involves both sides. 

The NACC has planned to issue some legislation in order for it to be able to enforce the law, such as legislation concerning asset seizures and protection, internal auditing notices against corruption for firms, and so on.

 

WITH THIS LAW, HOW DO YOU EXPECT ANTI-CORRUPTION MEASURES TO IMPROVE?

As I said, we hope the law will help improve cooperation between us and agencies both within and outside the country. We can now chase after transferred assets, as well as wrongdoers via such cooperation. We can chase after bribers from now on, including firms. More importantly, the statute of limitations is now gone under this law, which means we will have no deadlines as we proceed with legal action against corrupt people.

DO YOU HAVE ANY CONCERNS ABOUT IMPLEMENTING THE LAW? WHAT ARE THEY?

If any, it would be the knowledge of our personnel. 

We have plans to improve their knowledge with some training courses on this new law. What also worries us is how to take care of seized assets before the court hands down a verdict.

I would like to stress here the public may be confused about the execution of penalties. 

The penalties under our law are the same as those in Articles 149 and 201 of the Criminal Code. 

We have not increased the penalties, we have only increased the rates of fines, which were changed from Bt2,000 to Bt4,000 in the Code to Bt100,000 to Bt400,00 in the new law.

 

YOU MAY HAVE ALL THESE, BUT DO WE NEED SOMETHING MORE? HOW SHOULD CORRUPTION ACTUALLY BE TACKLED?

Amending the law is actually one of several approaches to solve corruption. Corruption in Thailand is like a cancer, and it actually needs cooperation from all concerned, including the public. The work needs to be integrated so that the corruption problem can be suppressed to some extent.