CDC backs 'extreme' measure for offenders

A proposal to impose a maximum penalty of death against politicians involved in selling and buying political positions under the draft organic law on political parties has been opposed by a National Legislative Assembly (NLA) deputy chairman.

Peerasak Porjit voiced his disagreement with the Constitution Drafting Committee's (CDC) proposal, while at the same time some academics threw their full support behind the proposal, saying the death penalty "will keep corrupt individuals out of politics".

CDC chairman Meechai Ruchupan explained Thursday that the maximum penalty of death proposed in the organic law on political parties was aimed at deterring corrupt people from getting involved in politics.

He believes such a measure would deter some people from paying money in exchange for ministerial positions.

Peerasak Porjit: Penalty must match the crime

Those who demand money would face a maximum penalty of death while those who pay the money for positions would also face severe punishment.

The Election Commission (EC) would be responsible for investigating these cases and the public can also file complaints with the EC, Mr Meechai said, adding that a death penalty proposal will also be included in the draft organic law on anti-corruption, which will replace current anti-graft legislation.

Mr Peerasak said the CDC should take into account the legal principle that the punishment of an offender should be in proportion to the severity of the crime. It should be left to the courts to judge how an offender should be punished, he said.

Mr Peerasak added the death penalty has been abolished in several countries, and it would be best for the CDC to bear in mind international best practice.

He also said that while Thai laws are progressive, law enforcement sometimes is not strict.

However, Mr Peerasak agreed with a proposal to offer a cash reward to anyone who comes forward with information regarding electoral fraud. He believed that the proposal would help curb vote-buying.

The proposal, from the National Reform Steering Assembly (NRSA), was put forward for inclusion in the draft organic law on MP elections under consideration by the CDC.

Responding to criticism of the proposal for the maximum penalty of death, Mr Meechai sarcastically said: "If the NLA thinks the death penalty is too severe, what about a fine of five baht or 10 baht? It depends on how they view the matter."

But Mr Meechai stressed that the CDC takes this matter seriously, and said that the CDC may also propose a life sentence as an alternative to the death penalty.

Rong Boonsuaykwan, a political scientist at Walailak University in Nakhon Si Thammarat, supported the proposed death penalty.

He said the country is now in crisis and the scourge of corruption could not be solved the old-fashioned way, adding that offenders must be dealt with decisively under the new law.

"It must not be forgotten that corruption and vote-buying are the source of turmoil in numerous countries. If the draft law on political parties is enacted and strictly enforced, then it will deter corruption," he said.

While the proposal for the death penalty in cases that involve selling and buying of political positions is new, a provision of the current organic law on anti-corruption stipulates a maximum penalty of death against state officials, officials of foreign countries and officials of international organisations who illegally demand money or other benefits from others in exchange for acts of favour by those officials.

Section 148 of the Criminal Code also stipulates a maximum penalty of death against state officials who abuse their authority to force or persuade others to give them money or any other benefits.

Mr Meechai also explained the process through which the NLA was deliberating and revising draft organic laws drawn up by the CDC.

When the NLA finishes revising a draft organic law submitted by the CDC and is still unsure if the draft law complies with the new constitution, there is no need for the NLA to submit the draft law to the Constitutional Court for a ruling, Mr Meechai said.

What the NLA will have to do is to send the draft bill back to the CDC, as well as the public independent organisation covered by the draft law for consideration.

If the CDC and the public body think the draft law revised by the NLA is not in line with the intentions of the new constitution, they can notify the NLA so that it will set up a committee made up of 11 members -- one from that independent body, five from the CDC and the NLA each -- to consider the draft law.

Source:
courtesy of BANGKOK POST

by MONGKOL BANGPRAPA

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