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Constitutional Court There was a unanimous resolution accepting a petition to consider the membership of the “Sirajenjaka” parliamentarians for having had to pass the final judgment for irregularities. And give a clarification in 15 days, but it does not stop working
The reporter reported that today (February 3, 2021), the Constitutional Court held a meeting to discuss important and interesting cases. One of which is the story The Speaker of the House of Representatives (petitioner) submitted a request to the Constitutional Court to decide in accordance with Article 82 that the composition of the members of the House of Representatives. Mr. Sira Jenjaka Is (the defendant) fired under section 101 (6) of the Constitution along with section 98 (10)? (Exam topic 1/2021)
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145 members of the House of Representatives, which is no less than one-tenth of the total number of existing members of the House of Representatives. Present the petition to the petitioner for submission to the Constitutional Court to decide in accordance with the Constitution, Section 82, paragraph one, that the respondent has been subject to a judgment of the Pathumwan District Court. In Black Case No. 812/2538, Case No. Red 2218/2538 on November 21, 1995, that the defendant is guilty of fraud under the Penal Code, Section 341, 4 months in prison and the defendant returned or used the price of the property to the victim and will lose the contract of sale. The members of the House of Representatives who nominate the petitioner agree that the case is final. It is the case in which the defendant has been subject to the final judgment of the crime in relation to property committed dishonestly under the Penal Code. Causing the defendant to be a person who is prohibited from exercising the right to run in an election of members of the House of Representatives under State Section 98 (10), resulting in membership of the members of the House of Representatives of the defendant to rescind in accordance with constitution Section 101 (6) The petitioner filed a petition with the Constitutional Court on January 21, 2021.
The result of consideration The Constitutional Court considered the facts in accordance with the petition and the supporting documents and agreed that In the case of the Constitution, article 82 subsection one consists of the Organic Law of Procedures of the Constitutional Court BE2561 (2018), article 7 (5) .There was a unanimous resolution accepting this request for consideration. And the defendant must submit an explanation of the allegation to the Constitutional Court within 15 days from the date of receipt of a copy of the petition.
For considering the request for cessation of functions as members of the House of RepresentativesAccording to the Constitution, section 82, paragraph two, or not, the Supreme Court of Manuon, by majority of the votes, believes that section 98 (10) of the Constitution provides that the final sentence of the crime in relation to property committed by dishonestly under the Penal Code, whenConsider the facts in accordance with the petition and the evidence presented by the petitioner to the Constitutional Court. There is still no evidence that the case is the maximum crime. It is a case that there is no reasonable reason to suspect that the defendant has a case to stop fulfilling his functions until the Constitutional Court decides. Therefore, an order to raise this request.
(Read the results, consider the original)
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