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February 26, 2016: Mr. Wasingsamit, former president of the National Human Rights Commission (CNDH) and former chief justice of the Supreme Court. Please comment on the case of the NCPO leader in parties with parliamentary status, such as Mr Putthipong Punnakan, MPs, NCCC and Mr Thavorn Senium, MP. Songkhla detained must be released from MPs or not
The opinion of Mr. Wasingsamit is as follows:
After the Criminal Court read the verdict on the rebels, the People’s Committee for the transformation of Thailand into a perfect democracy with the King as Head of State (Lao People’s Democratic Republic), where the prosecutor for special cases 4 is the plaintiff, has presented a total of 39 defendants, people convicted of conspiracy, insurgents, overthrow the regime. There were demonstrations that caused chaos in the country on February 24, 2021, and the court fired some of the accused. Punish some defendants Waiting for imprisonment Punish some defendants Without waiting for imprisonment Revoke the voting rights of some defendants AND dispose of the case for a defendant Because he died during that trial
There are a few issues to consider:
1) Does the Court of First Instance have the power to deny temporary release (bail) during the appeal according to the news of certain media?
According to article 106 (4) of the Penal Code, when the Court reads the judgment of the Court of First Instance or the Court of Appeal. Even if no appeal or petition has been filed OR an appeal or petition has been filed but the case has not yet been filed with the Court of Appeals or the Supreme Court. To be presented to the Court of First Instance that resolved the case
In the event that the Court of First Instance deems it appropriate, temporary freedom To the Court of First Instance to order permission Otherwise, the petition and the complaint must be referred to the Court of Appeal or the Supreme Court for their order, as appropriate. the case.
In this case, the Court of First Instance read the judgment of the Court of First Instance on the afternoon of Wednesday, February 24, 2021. No appeal has yet been filed. And the sentence continues in the court of first instance The Court of First Instance is empowered to grant permission for temporary release during the appeal. In this case, the Court of First Instance decreed that the requests for provisional release of eight defendants were submitted to the Appeals Chamber. Not ordered, not allowed by news That the Court of First Instance is not empowered to order such And in the case of not entering the category of Court of First Instance, it must be submitted to the Court of Appeal to resolve in accordance with the Judicial Regulations of the Court of Justice on Provisional Freedom BE And all the defendants including the Minister The vice minister and the deputy were temporarily released during the hearings of the Court of First Instance.
Currently, the Court of First Instance, the Court of Appeals and the Supreme Court are open daily to consider and order a petition for temporary release in criminal cases. Except Saturdays, Sundays and other royal holidays.
2) Membership of parliamentarians will be canceled for having been temporarily released (even for a single day) or not, in accordance with article 101 (6) of the Constitution. Membership of parliamentarians shall be terminated by sentence. court order
This case, according to the First Instance Court media distribution dated February 24, 2021, it appears that the court issued orders and sent eight defendants to the Bangkok Special Prison. But in this case, the Court of First Instance sentenced the accused to prison. Without waiting for punishment The court must issue an order during the appeal of the petition, model 51 tri (yellow), so even if the accused is imprisoned or imprisoned for only 1 day, he is considered detained by the order of the Constitutional Court Section 101 (6) The defendant has ended on February 24, 2021 and the case of the deputies in a constituency. The state must organize the election of deputies in lieu of vacant positions. Membership of the elected deputies begins on the day of the election in lieu of the vacant seat. And he can remain in office for the remaining term of the House of Representatives (Article 105 of the Constitution)
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