THE OVERLAPPING PROBLEM BETWEEN THE THAI CRIMINAL CODE AND THE ORGANIC ACT OF ANTI-CORRUPTION B.E. 2561’S PROVISION REGARDING GOVERNMENT OFFICIAL’S LIABILITY

Abstract

          This article aims to examine the issue of overlapping legal provisions concerning the criminal liability of government officials in relation to the giving or receiving bribes under the Thai Penal Code and the Organic Act on Anti-Corruption B.E. 2561. The study explores the fundamental concepts and theories of criminal liability, along with the legal criteria for determining the criminal accountability of government officials in Thailand. Also, it presents a comparative analysis with the legislative approaches of foreign countries such as England, Sweden, and Japan. The study finds that the existence of overlapping provisions between the two aforementioned legal instruments creates several significant problems which include legal uncertainty in law enforcement and the phenomenon of overcriminalization wherein the state enacts an excessive number of criminal laws, contrary to the principle of legislative necessity. Such practice is inconsistent with the intent of Section 77 of the Constitution of the Kingdom of Thailand. Consequently, this article proposes the repeal of certain redundant provisions in the Penal Code that duplicate with the Organic Act on Anti-Corruption B.E. 2561, which, as a specialized law, was specifically enacted to prevent and suppress corruption among government officials. It also recommends amending the Organic Act to ensure greater comprehensiveness. The ultimate goal is to consolidate bribery-related criminal liability provisions under a single, unified legal framework to enhance legal certainty and effectiveness in anti-corruption efforts in Thailand.