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September 2, 2020
2,239
The Royal Gazette publishes rules and procedures for disciplinary and punitive procedures for “Deputy Attorney General”
On September 2, 2020, the reporter reported that the websiteGovernment gazette To post Regulation of the Prosecutor’s Office on Criteria and Procedures for Disciplinary Actions and Order of Disciplinary Sanctions for the Deputy Attorney General, 2020 Details are
Considering that it is convenient to have rules on rules and procedures for disciplinary procedures and order disciplinary measures for “Deputy Attorney General “
By virtue of article 82 of the Law of the Public Ministry, BE2553 The Prosecutor’s Office issued the following regulations.
Article 1 This Regulation is called “Regulation of the Public Ministry on Criteria and Procedures of Disciplinary Conduct and Order of Disciplinary Sanctions for the Deputy Attorney General, 2020”.
Clause 2 These Regulations shall enter into force as of the day following the date of its publication in the Official Gazette.
Clause 3 In these Regulations, “Kor.” Means the Public Ministry Commission by virtue of the prosecutors law.
Clause 4 When a person brings a matter to the CA charge the Deputy Attorney General with disciplinary action Have the AC consider conducting a preliminary investigation to obtain truth and justice. Without delay, the following allegations cannot carry out an investigation.
(1) The accusation is an accusation in which there is no evidence surrounding it and does not designate certain witnesses to investigate.
(2) The allegation does not contain information or is insufficient to be investigated.
(3) Allegations of exercise of judgment in the execution of trials and compliance with duties
Clause 5 In the event that the OSC considers that the allegation is a case in which an investigation can be initiated, the CA may appoint a member of the Public Ministry or a prosecutor who is at least the presumed or designated greater. An investigative commission, as deemed appropriate, in which the President must be a member of the Public Ministry or a prosecutor with no less seniority than the presumed, unless it is necessary to appoint a member of the Public Ministry of less seniority than the presumed. Instead of conducting an initial investigation AND a member of the Commission will be the secretary of the primary investigation and will proceed in accordance with the rules and procedures of the preliminary investigation in the event that prosecutors are accused or suspected of misconduct and report the results of the preliminary investigation. This appears to have a basis for serious disciplinary violations mutatis mutandis When the CSC receives the results of the preliminary investigation, it is of the opinion that the accused has not committed disciplinary offenses or that the act of the accused is not a disciplinary offense or has no basis to resolve the matter .
In the event that the SAO considers that the disciplinary offense is not serious, a resolution will be issued in accordance with article 88 of the 2010 Public Ministry Regulations.
Clause 6 In the event that the results of the initial investigation appear to correspond to serious disciplinary offenses The CSA will designate at least three investigation committees, which are not the investigation committees of Article 5, to carry out an investigation, for which reason the Investigation committee will be a member of the prosecutor or a prosecutor of at least the alleged person, unless it is necessary to appoint. A member of the Public Ministry of less seniority than the accused, the investigation will be carried out in accordance with the Regulations of the Public Ministry Commission on Criteria and Procedures for Serious Disciplinary Investigation, Public Ministry mutatis mutandis.
Clause 7 In case the SEC considers that the Deputy Attorney General has committed a serious disciplinary offense Have a resolution to sanction the dismissal Release or discharge from government service, as the case may be
Clause 8 The AC has the power to interpret and diagnose problems related to compliance with these regulations.
Clause 9, the President of the CA will be in charge of the execution of this regulation, all the rules, regulations, announcements and other orders that are contrary or inconsistent with this regulation will be replaced by this regulation.
Announced on Aug 21, 2020
Mr. Athapon Yai Sawang, Chairman of the Prosecution Committee
