NACC charges 308 legislators

The National Anti Corruption Commission (NACC) on Tuesday resolved to press impeachment charges against 308 of 381 former MPs and senators for their role in the passage of the charter amendment draft on the composition of the Senate.

The NACC decided not to press charges against the other 73 legislators including caretaker Prime Minister Yingluck Shinawatra.

The NACC was asked to consider a petition seeking impeachment of 383 politicians after the Constitution Court on Nov 20 ruled the draft charter amendment seeking to change the make-up of the Senate to a fully elected chamber violated Section 68, which prohibits attempts to overthrow the monarchy and unconstitutional efforts to seize power. 

The anti-graft agency agreed late last month to pursue charges against former House speaker Somsak Kiatsuranon and Senate Speaker Nikhom Wairatpanich, who are among the 383 legislators, for their role in the passage of the amendment.

Of the 308 former MPS and senators who would face charges, 293 were involved in proposing the unconstitutional draft and voting to pass the first, second and third readings of it, while 15 others voted in some or all of the three readings but did not take part in proposing the draft, NACC member and spokesman Vicha Mahakhun said. 

Mr Vicha said a nine-member committee voted 7-2 to dismiss impeachment requests for 73 other legislators including Ms Yingluck because most of them only voted to pass the bill in the third reading and were not involving in proposing it.

As a result, there was not sufficient evidence to indicate their wrongful acts and their privilege of casting votes could be protected under section 130 of the Constitution. Of the 73 legislators, eight did not have any role in the passage of the bill. 

The 308 politicians are due to report to the NACC on Jan 15-17 to acknowledge the charges, Mr Vicha added. 

Share your thoughts

Discussion 1 : 09/01/2014 at 09:26 AM
Again, amazing to get more thumbs down for something said that is fact. I guess it is these facts the thumbs downs dislike...
Discussion 2 : 08/01/2014 at 01:35 PM
Plain suggests they "not try to be sneaky". What is sneaky abut following the rules set out by the constitution itself in trying to amend it? What is illegal???
Discussion 3 : 08/01/2014 at 09:09 AM
If the MP’s voted for the third reading of the charter amendment draft on the composition of the senate, and it was passed and was submitted by the PM to the King for endorsement, does not it mean all MP’s who voted are responsible for passing the draft? We respectfully admit we do not understand the NACC’s logic on the decision.
Discussion 4 : 08/01/2014 at 09:09 AM
Correct me if I am wrong but did they not try to change the bill after the house had agreed on its meaning and content.
Discussion 5 : 08/01/2014 at 09:00 AM
All they have to do is follow established parliamentary procedure and not try to be sneaky.
Discussion 6 : 08/01/2014 at 08:58 AM
Well said no reform no election.these people should be banned from office.
Discussion 7 : 08/01/2014 at 07:31 AM
Those who keep track of Thai politics over the medium term know that the System was rigged to favor the yellows following the 2006 democrat instigated coup. The fully elected senate was replaced with a half elected senate (still democratic?), the balance is 'appointed' by the senate committee. Of course the senate committee, the judiciary, the NACC and the election commission were simultaneously stacked by the coup makers with their own men, so that the democrats can pull the puppet strings and oust government after government using various pre planned legal mechanisms without facing the polls. Very effective planning by the democrats.
Discussion 8 : 08/01/2014 at 06:06 AM
Maybe lawmakers from whatever party should submit their bills to the CC beforehand to ensure they are not caught in a trap and cost the government and country all this trouble. Let the CC rule on the bill before it is debated and passed. If the people cannot elect their represenatives how is it democratic. Who can request to change the constitution without fear of disbanment due to a few peoples opinion.
Discussion 9 : 08/01/2014 at 04:47 AM
We know corruption will never end when the people investigating and charging people with corruption seems to be very corrupt themselves, the NACC has shown its color, and we know what shad it is
Discussion 10 : 08/01/2014 at 03:08 AM
Bewildered, this article and George's post have nothing to do with the amnesty bill. I agree that the amnesty bill was a really terrible bill, but this article and that post are ONLY about the change in the Senate to be 100% elected. You ask "why talk about Senators"? because that's what the article is about! Or did you just post this comment on the wrong page?
Discussion 11 : 08/01/2014 at 01:11 AM
You make a good point… both the amnesty bill and the Charter amendment can be looked upon as being 'presumptive' moves on the part of a 'fledgling' Government. A bit like a pumped up team of novice players wanting to change not only the rules of the game but also the shape of the playing field.
Discussion 12 : 08/01/2014 at 12:46 AM
The anti-corruption agency ruled that voting for a bill in Parliament to allow elected senators is an attempt to overthrow the monarchy. Amazing Thailand.
Discussion 13 : 08/01/2014 at 12:40 AM
The proposed senate bill is an out-right indiscretion in defiance of a key tenet of the Constitution which the NACC is legally bounded by law to deliberate / adjudged upon receiving a formal petition. The pertinent issue for the people who are creating ‘facts on the ground’ is more concern with this PT government’s perchance to create / legislate dubious laws to benefit one man. Embarrassment is when the some judges allowed a culprit to escape his karma on an ‘honest mistakes’ plead. No individual or institution should be above the rule of law.
Discussion 14 : 08/01/2014 at 12:03 AM
Everyone does know that the Senate until the last constitution has always been an elected body. The CC found that the parliament could not change the Senate back to what it has always been, unlawful.
Discussion 15 : 07/01/2014 at 11:15 PM
dharma is correct. Challenges will be coming very quickly and rightly so. NACC have definitely got this wrong, and will face embarrassment later for their ruling.
Discussion 16 : 07/01/2014 at 11:09 PM
You cam only have democracy when at least there is a minimum of self concience and shame feeling in parliament with each and every individual MP ánd the press, if thats not the case it turns out to be a rogue state system
Discussion 17 : 07/01/2014 at 10:45 PM
So you don't think that these MP's voting 310:0 to nullify all crimes past and present for Thaksin to be an act of corruption and abuse of power ?. What a joke - take off those blinkers and join the real world. Why talk about Senators in this thread ? - or is it that you have no defence at all for what they did here ??. They should be more than impeached : they should be sent to jail. It was the most disgusting act of a government I have ever witnessed.
Discussion 18 : 07/01/2014 at 10:41 PM
you're mixed up.... this has nothing to do with the amnesty Bill. It was a Charter amendment to allow the full Senate to be elected democratically, The aristocracy are kidding themselves if they think this will go unchallenged either domestically or internationally.
Discussion 19 : 07/01/2014 at 10:38 PM
This latest farce proves !00% that reform needs to take place before an election can take place!
Discussion 20 : 07/01/2014 at 10:15 PM
So when PT are elected on Feb 2, as the opposition has boycotted the election, over 300 of their MPs will be impeached? Wonderful - another great climactic moment in the ongoing and dangerous Thai political soap opera.
Discussion 21 : 07/01/2014 at 09:57 PM
Passing legislative bill to exonerate politicians convicted of criminal acts is tantamount to accepting that politicians are above the rule of law. Further more, their professed declaration that they have the legal rights to change / amend the Constitution in part or whole cannot be accepted as the Constitution belongs to the people of Thailand. These MPs were elected to abide / protect the Constitution and any changes to the key tenets of Constitution must have the explicit approval of the majority of the people. Rogue MPs in parliament must be recalled before they do more damage to the country.
Discussion 22 : 07/01/2014 at 09:53 PM
The "silent coup" scenario. It dates back to the coup leaders of 2006, who changed the Constitution and the regulatory bodies in their favour. The Senate was filled with "appointed" good people. Likewise for the NACC and Constitutional Court etc. The Govt proposed to make the Senate democratically elected. Enter the CC to rule this to be "unlawful" in their blinkered vision. Enter the NACC to prosecute the Govt MPs and have them removed from office. Hey presto, the elected Govt are out. Who needs a Suthep or a military coup, when these people can do it for you.
Discussion 23 : 07/01/2014 at 09:48 PM
That is the silent coup as scripted by Abhisit & Co.. Thailand's democrazy is a cooking show, again...
Discussion 24 : 07/01/2014 at 09:28 PM
The NACC is essentially saying these legislatures knew this bill was in violation of the constitution when they drafted it, and pushed for others to vote for it. The NACC is not outlawing elected officials the right to pass legal legislation, they are saying if you push to knowingly pass unconstitutional legislation then you will have to rightfully answer for it with impeachment.
Discussion 25 : 07/01/2014 at 09:21 PM
The NACC decided not to press charges against the other 73 legislators including caretaker Prime Minister Yingluck Shinawatra. What is the pecking order of the remaining 72? Senior members if I hazard a guess
Discussion 26 : 07/01/2014 at 09:18 PM
This is why the 07 constitution, the CC and the NACC need scrapping. If 381, a vast majority of the house and Senate, elected lawmakers vote to change anything it should be changed. This group may have just set in motion Thailand's darkest days.
Discussion 27 : 07/01/2014 at 08:56 PM
If PT party wins the election this time, rewrite the constitution to get rid of the constitution court as soon as possible. This political tool is obstructing thailand in moving forward.
Discussion 28 : 07/01/2014 at 08:40 PM
If it is illegal for legislators to legislate, then whose responsibility is it or does Thailand just stop time?
Discussion 29 : 07/01/2014 at 08:35 PM
I am not an expert on Thailand's latest constitution - but it seems absurd that someone is found guilty of a crime that they pass a law that is later found to be unconstitutional. How are legislators to know how to pass a law if they must first know a court ruling on its constitutionality.? Is there a process to propose reforms to the constitution, or is it set in stone?
Discussion 30 : 07/01/2014 at 08:23 PM
Ridiculous. A panel essentially seeking to outlaw elected officials' right to pass legislation. We all know how this ends.

Back to top

More From Bangkokpost.com