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Anti Corruption during the SUKHOTHAI ERA
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During the Sukhothai era, there was crucial evidence that portrayed corruption prevention and suppression. On side one and two of the stone inscription of King Ramkhamhaeng, a portion of inscribed texts can be interpreted as follows :
"If a commoner and a nobleman are embroiled in a dispute, hearings must be conducted prudently before reaching a judgment without any bias towards the wrongdoer.
And you must not be distracted by bribery."
Another portion of inscribed texts can be interpreted as follows:
"Commoners are bestowed with the right to seek a complaint against public officers or file a grievance to demand justice from King Ramkhamhaeng concerning various matters, including unfair treatment by public officials or noblemen."
Anti corruption during the AYUTTHAYA Period
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During the Ayutthaya period, people were obliged to join public services to serve the state.
However, since no one received any salary, each public servant had to make ends meet by themselves.
While serving as a public servant, earning a living from private jobs was not regarded as misconduct.
Even though public servants were permitted to garner some benefits from their posts, they could only do so within the scope of permitted practices.
If an act was deemed to transgress the scope of acceptable practice, it would be regarded as "embezzlement of state revenue" - a flagrant offense equivalent to treason which was punishable with the maximum penalty of death or a harsh penalty like lashing or the removal of noble status.
Anti corruption during the AYUTTHAYA Period
Source : Ongkarn Chang Nam poems.
During the reign of King Ramathibodi I, besides prescribing these laws, there was a sacred oath taking ritual that required public officials to “drink water of allegiance” in order to demonstrate honesty and integrity in performance of official duties. This ritual practice had been adopted until the Rattanakosin era. While performing the ritual, sacred texts were read aloud. The sacred texts or so-called “ongkarn,” which contain passages of poems and hymns, are composed of five key sections.
1 Extol the virtues of three Hindu gods, including Narayana, Siva and Brahma. (Three short hymns).
2 Describe origins of the earth and human society. Respectfully invite divine spirits, three jewels of Buddhism, and ghosts and spirits to witness the ritual.
3 Curse traitors and perpetrators of dishonesty against the king so that grave perils will befall them. (Five sections)
4 Give blessing to loyalists.
5 Give blessing to the king. (Only six paragraphs)
Anti Corruption during the Ayutthaya period
Royal decree (criminal law) (A.D. 1352)
Enacted in 1352, this royal decree on crimes contained provisions that allowed commoners to seek a complaint or an appeal in order to prosecute any public official or nobleman for wrongdoings in cases of unfair treatment.
Generally, a public official would embark on a journey from the capital city to receive a grievance.
Moreover, there were also provisions on several characteristics of offenses committed by public officials, such as
> Misconduct or omission of duties for the sake of bribery
> Persecution of commoners
> Embezzlement of crown properties
> Embezzlement of tributes and duties
Anti Corruption during the Ayutthaya period
Royal decree (criminal law) (A.D. 1352)
Enacted in 1360, the royal decree on characteristics of thieves contained provisions on various offenses committed by public officials.
As well as aiding and abetting thieves by hiding and harboring them as well as preventing them from standing trial before the royal court. Under these circumstances, these public officials would be subject to harsh penalties and hefty fines like a common thief.
Anti Corruption during the Ayutthaya period
Old royal decree (A.D. 1752)
The old royal decree contained provisions on corruption and malfeasance offenses of public officials. For instance, Chapter 12 stipulated that
“…If any mayor, administrative officer, village headman, district chief or commoner fails to comply with any section of the decree, such individual shall be subject to punishment.
And if any such mayor or administrative officer fails to comply with the royal decree by ignoring investigation and arrest of culprits and performing actions for the sake of bribes, personal interests and higher ranks, thereby causing the culprits to harass monks, nuns, Brahman priests, commoners and customers on land and sea, he shall be subject to severe punishments.
Anti Corruption during the reign
of KING CHULALONGKORN
The Kingdom of Siam began prescribing legal measures and enacting laws to prevent and combat corruption in a systematic manner.
During the reign of King Chulalongkorn, the Audit Department Act R.E. 109 was enacted, which contained 16 sections, along with the Penal Code R.E. 127. Part 2 Title 2 Chapter 2 of the Act concerned the abuse of power and misconduct in public office, and Sections 129-146 categorized penalties imposed on corruption offenses.
Anti corruption in Era of the State Inspectorate Department (A.D. 1945 - A.D. 1973)
A.D. 1945 - 1946
Promulgated on 26 September 1945, the Procedure for Misconduct or Incapacity of Government and Municipal Employees Act B.E. 2488 constituted the first legal provision which carried a structure and a special system of procedures particularly designed for public officials.
A.D. 1947 - 1948
The Royal Decree on the Procedure for Imposing Penalties for Misconduct or Incapacity of Government and Municipal Employees Act B.E. 1947 was promulgated but later repealed because the government believed that after enforcing special measures to prevent and combat corruption for a certain period, corruption would gradually decline to the point where special measures would be no longer necessary.
A.D. 1949
The Grievances Act B.E. 2492 was promulgated during Field Marshal Por. Phibun Songkram’s administration in order to form a grievances committee, comprised of a chairman and six other members, which was empowered to consider complaints filed by people suffering from hardship or injuries caused by government or municipal employees who committed acts outside the call of duty, demonstrated a dereliction of duty or abuse of discretion; or delayed in taking appropriate actions. During the proceeding, the committee had the authority to summon concerned individuals to testify and present evidence.
A.D. 1953
Established on 31 December 1953, the State Inspectorate Department, which was attached to the political Cabinet, was authorized to conduct inquiries and investigations and to be vigilant of government employees’ conduct, thereby ensuring strict adherence to the constitution, laws, guidelines, regulations, government policies, cabinet resolutions, and prime minister’s orders in order to accomplish government missions in a timely manner. The State Inspectorate Department was dismantled in 1960 during Field Marshal Sarit Thanarat’s administration.
A.D. 1960
Under the mandate of the Inspection of Tax and Other State Revenues Act, the Tax Inspection Committee (TIC), comprised of a chairman and no more than nine other members, was formed. The Secretary-General of the Office of the Tax Inspection Committee was an ex-officio member. Its duties included inspection of tax and duty collection and receipt of complaints against revenue collection officers engaging in misconduct.
Anti Corruption post 14 October 1973 period
A.D. 1972
Following the coup staged by Field Marshal Thanom Kittikachorn, the Revolutionary Council sought to streamline the state’s administrative procedures and reduce duplication between various government agencies. Consequently, the functions of inspectors general of the Prime Minister’s Office, the Public Grievances Office, and the Tax Inspection Committee were merged. Shortly thereafter, the Office of the Public Service Inspection Commission (OPSC), which was attached to the Prime Minister’s Office, was established under the mandate of the Revolutionary Council Notification No. 216 and 217, dated 29 September 1972. Under this mandate, the Secretary-General was responsible for OPSC’s overall management. Subsequently, the Public Service Inspection Commission (PSIC) was appointed by the Revolutionary Council Notification No. 324, dated 13 December 1972, whereby PSIC officials were authorized to arrest individuals suspected of committing an offense against the tax law based on reasonable doubt. If any individual obstructed or restricted officials in performance of their duties, or failed to appear at a deposition hearing or submit required documents or materials, he or she shall be punished by imprisonment for not more than six months or a fine not exceeding 10,000 Baht or both. The PSIC was dismantled after the 14 October 1973 uprising.
A.D. 1973
Following the 14 October 1973 uprising, the Sanya Dharmasakti’s administration recognized the importance of corruption prevention and suppression. Subsequently, on 2 May 1974, Sanya issued an order to establish the Commission of Counter Corruption (CCC)
Nevertheless, as this commission was about to convene, Sanya abruptly announced his resignation as Prime Minister.
A.D. 1974
Sanya Dharmasakti was re-appointed as Prime Minister for a second time, and he later ordered the re-establishment of the CCC. This commission carried out its duties until 31 December 1974 when it was abolished. Key achievements during that period can be summarized as follows: Out of 434 complaint cases scrutinized, 143 cases were resolved and 194 cases were referred to sub-committees, working groups and ad hoc sub-committees. Corruption was identified in 30 cases, which were then forwarded to the agencies where the cases originated for further actions. Lastly, inquiry committees were formed to investigate the facts and pursue disciplinary investigation in 20 cases.
A.D. 1975
The National Legislative Assembly endorsed the Counter Corruption Act B.E. 2518 on 24 January 1975. The law was later published in the Government Gazette on 3 March 1975 andhas entered into force since 4 March 1975.
A.D. 1977
The CCC Office was relocated from the Government House to Phitsanulok Road. During those pioneering years, the newly established CCC Office on Phitsanulok Road faced many constraints.
At that time, the CCC required selection of a qualified individual, who was honest and academically competent and possessed knowledge in other related matters. This appointment had to be endorsed by the Senate and the House of Representatives. Moreover, the CCC could not be political official, senator, or member of parliament; or manager, board member, representative, or employee of any individual, partnership, company, or profit-oriented organization. The President and Commissioners served a two-year term and could be reappointed for another term, but they could not serve for more than two consecutive terms.
Mission of the CCC
• Advise the Cabinet on measures to prevent and combat corruption in the public sector and the misconduct of public officials.
• Advise the cabinet to consider issuing orders requiring public officials to declare assets and liabilities for a specific time period by following the methods prescribed in the Royal Decree.
• Conduct fact-finding inquiries and investigations when a person files a complaint or when there are reasonable grounds to believe that a public official is involved in corruption or engaged in misconduct.
• Make recommendations to the cabinet on how to improve bureaucratic practices in the public sector or to plan government projects aimed at preventing and combating corruption.
• Report results of its mandated undertakings and present its observations to the prime minister, senate president, and house speaker in October (the end of each fiscal year); and publish an annual report.
• Conduct inquiries to establish the facts when the Commission identifies misconduct, or investigate allegations when a public official is unusually wealth or has an unusual increase in his or her assets.
Anti Corruption in the Black May uprising of 1992
Gen. Chartchai Choonhavan’s administration was toppled by the coup staged by the National Peacekeeping Council (NPKC) led by Gen. Soontorn Kongsompong on 23 February 1991. The issues concerning corruption of public officials became a hot topic again because the NPKC claimed that rampant corruption among politicians was one of the reasons for staging the coup. Consequently, the NPKC issued the National Peacekeeping Council Notification No. 26 Re: Asset Seizure and Prohibition on Sale and Transfer of Assets, and it also appointed the Asset Scrutiny Committee (ASC) to investigate politicians who possessed unusual personal wealth.
Not long after that, Thai society was plunged into the Black May uprising of 1992.
Anti Corruption in Era of the 1997 Constitution and independent organizations.
