A TIME LIMIT FOR ACCUSING GOVERNMENT OFFICIALS IN CORRUPTION CASES

Abstract

         This academic article aims to study the problem and analyze the guidelines for solving the case of determining the time limit for accusing government officials under the Administrative Measures Act on Anti-Corruption (B.E. 2551), which is an important condition for considering accepting complaints about wrongdoing. When analyzing the law in depth, it was found that the determination of a period of only 5 years from the date of the incident to the date of the allegation is insufficient and disproportionate to the actual circumstances. This is because many factors cause delays in the collection of evidence sufficient to prove guilt. For example, the corruption process currently uses technology to facilitate whether it is data transmission More complex data retention or corruption by high-ranking government officials or influential people to assist Moreover, corruption is an international process. It is difficult to know the offender. For this reason, it causes unfairness to the person who properly complies with the regulations. In addition, when compared to the 2003 United Nations Convention Against Corruption, to which Thailand has signed as a signatory. As a result, it was found that the enactment of the law was inconsistent with the convention that had set international standards. and when comparing foreign laws of the same nature, such as those of the French Republic and the Democratic People's Republic of China, It can be seen that international law has a long and appropriate period for complaints with serious circumstances. As a result, offenders may not be released from legal punishment.