PROBLEMS WITH THE PROSECUTION OF MINOR CORRUPTION AND MISCONDUCT OFFENSES BY INQUIRY OFFICIALS IN CASES DELEGATION BY THE NATIONAL ANTI-CORRUPTION COMMISSION (NACC)

Abstract

Introduction: The Organic Act on Counter Corruption, B.E. 2561, Sections 61 and 63, authorizes the National Anti-Corruption Commission to entrust corruption and malfeasance cases to inquiry officials for investigation and prosecution on its behalf when circumstances are not deemed serious. However, the Act does not prescribe specific criteria or standards for determining the seriousness of such cases. This lack of statutory guidance creates challenges in exercising discretion, particularly in cases without precedent. Research Objective: 1) To examine the problems encountered in the prosecution of minor corruption and misconduct cases by investigating officers, especially regarding the assignment of such cases to the National Anti-Corruption Commission.2) To study and analyze the legal provisions that define and classify minor offenses in corruption and misconduct cases.3.) To propose guidelines for developing legal innovations and procedures for prosecuting minor corruption and misconduct cases by investigating officers. Research Methodology: This study employs a qualitative research approach through documentary analysis, drawing on both primary and secondary sources, including laws, textbooks, academic articles, and relevant research papers.. Research Results: The findings reveal that the criteria for determining minor corruption and misconduct offenses are outlined only in the internal guidelines of the National Anti-Corruption Commission, specifically Orders No. 1239/2561 and No. 1240/2561. These guidelines, however, lack the status of statutory law. Consequently, this impacts the discretionary authority to delegate minor corruption and misconduct cases to investigating officers for prosecution.. Conclusion: The findings reveal that the criteria for determining minor corruption and misconduct offenses are outlined only in the internal guidelines of the National Anti-Corruption Commission, specifically Orders No. 1239/2561 and No. 1240/2561. These guidelines, however, lack the status of statutory law. Consequently, this impacts the discretionary authority to delegate minor corruption and misconduct cases to investigating officers for prosecution.