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December 2, 2020
530
The court issued the NCPO’s order to report contrary to the Constitution. The former CDC has stated that although the constitution is incorrect, the NCPO cannot tolerate
The Constitutional Court ruling on case 12/2020 in the Dusit District Court case Presents a petition against the accused. Thammasat University Request the Constitutional Court to consider the decision under Section 212 of the Constitution that the National Council for Peace and Order (NCPO) No. 29/2014 on the request that people report themselves under the NCPO order of November 24. C. 2014 and the NCPO Announcement No. 41/2014 on the violation or non-compliance of an order that requires people to report themselves is a crime dated May 26, 2014, contrary to or incompatible with the provisions of the Constitution. Or not
The Constitutional Court It is believed that in the case of the NCPO Announcement No. 29/2014 on the persons who must appear under the NCPO Order of May 24, 2014 and the NCPO Announcement No. 41/2014 on the infringement or non-compliance of a order that calls a person to report is a crime of May 26, 2014, only in criminal penalties. The Constitutional Court unanimously ruled that Announcement NCPO No. 41/2014 is contrary or inconsistent with Section 26 of the Constitution, while Announcement NCPO No. 29/2014 of the Constitutional Court by a majority of 7 votes to 2, opines which is contrary or inconsistent. Article 29 first paragraph of the Constitution
The journalist reported that Article 26 of the Constitution establishes that the promulgation of a law that restricts the rights or freedoms of a person must comply with the conditions set forth in the Constitution. In case the constitution does not establish conditions Such laws must not contradict the rule of law. It does not increase the burden or unduly limit a person’s rights or freedoms. And it will not affect the human dignity of a person Including the reasons for the need to limit rights and freedoms
Law under paragraph one Must be in force in general It is not intended to be applicable to any case. Or to anyone in particular
Paragraph one of section 29 states that a person is not subject to criminal sanctions. Unless the act of law in use at the time of the act is a crime and a punishment. And the penalty that will be imposed on that person is not greater than the penalty provided by the law in force at the time of committing a crime.
Mr. Udomrat Amarit, former Constitution Drafting Committee Mention the judgment in this case that Will give rise to cases that have been presented or considered in the Court of Justice The court had no further consideration and the court had to dismiss the case or dispose of the case. What will NCPO affect as issuer of the order or not? I saw that it should not have any effect because it is just checking the taste of the action. The affected person may not be able to sue the NCPO for damages.
“Because this is like someone who goes to the law So the laws that come out are against OR contradict the Constitution This law has come into force. But I will say that it made people difficult when the law came out AND the Constitutional Court still has no sentence I can’t say that because in the end, the people who passed the law understood that he had the authority to issue at that time, ”Udom said.
Mr. Udom said that when the Constitutional Court ruled so People who have left the country before Because they do not want to report to the NCPO order, they can return to the country. Because the order of the NCPO could not be executed by the rulings of the Constitutional Court.
“Really a matter of importance When we talked about the power of the government It had power anyway, but this power to investigate if it was intended to harm was difficult to say. For the purposes of the legislation Be immediate What did you see it had the power It is difficult say if the case was the cause of the damage. Therefore, it must be responsible in civil and criminal matters, it is difficult to interpret it as a wrongful act. Because they are different legal opinions, “said Udom.
