Feb.26, ’16 – Mr. Wasingsamit, former chairman of the National Human Rights Commission (NHRC) and former chief judge of the Supreme Court. Comment on the case of the NCPO leader in parts with the status of MPs, such as Mr. Putthipong Punnakan, MPs, NCCC, and Mr. Thavorn Senium, MP. Songkhla detained must be released from the MPs or not
The opinion of Mr. Wasingsamit is as follows:
After the Criminal Court reads the verdict on the rebels, the People’s Committee for the transformation of Thailand into a perfect democracy with the King as Head of State (Lao PDR), where the prosecutor for special cases 4 is the plaintiff, has filed a total of 39 defendants. The people in common guilt are rebellion and terror overthrow the regime. There were rallies causing chaos in the country on February 24, 2021, with the court ruling dismissing some of the defendants. Punish some defendants By waiting for imprisonment Punish some defendants Without waiting for imprisonment Revoke the voting rights of some defendants. And dispose of the case for one defendant Because died during that trial
There are some problems to consider:
1) Does the Court of First Instance have the power to refuse temporary release (bail) during the appeal according to news reports of certain media?
According to Section 106 (4) Criminal Code, when the Court reads the judgment of the Court of First Instance or the Court of Appeal. Even though no appeal or petition has been filed Or an appeal or petition has been filed but has not yet submitted the case to the Appeal Court or the Supreme Court. To be submitted to the Court of First Instance that settled the case
In the event that the Court of First Instance deems appropriate, temporary release To the Court of First Instance to order permission Otherwise, the petition and the complaint must be submitted to the Appeal Court or the Supreme Court for ordering, as the case may be.
In this case, the Court of First Instance read the judgment of the First Instance Court on the evening of Wednesday, February 24, 2021. No appeal has yet been filed. And the phrase is still at the court of first instance The Court of First Instance has the power to grant permission for temporary release during the appeal. In this case, the Court of First Instance decreed that eight defendants’ petitions for provisional release were submitted to the Appeal Court. Not ordered, not allowed by news Which the Court of First Instance has no power to order such And in the case of not falling into the category of the Court of First Instance, it must be submitted to the Appellate Court to order in accordance with the Judicial Regulation of the Court of Justice on Provisional Release B.E. And all the defendants Including the Minister The Deputy Minister and MP were both temporarily released during hearings by the Court of First Instance.
Currently, the Court of First Instance, the Appellate Court, and the Supreme Court are open daily to consider a petition for provisional release in criminal cases. Except for Saturday, Sunday and other royal holidays.
2) MPs’ membership will be terminated on the grounds of being temporarily released (even for just 1 day) or not, according to Article 101 (6) of the Constitution. Membership of MPs will be terminated upon a judgment. Imprisoned and detained by court warrant
This case, according to the media distribution of the Court of First Instance dated February 24, 2021, it appears that the court has issued warrants and sent eight defendants to the Bangkok Special Prison. But in this case the Court of First Instance sentenced the defendant to imprisonment. Without waiting for punishment The court should issue a warrant during the appeal of the petition, form 51 tri (yellow), so even if the defendant is imprisoned or imprisoned for just 1 day, it is considered detained by the warrant of the Constitutional Court Section 101 (6). The defendant has ended on February 24, 2021 and the case of MPs in a constituency. The state must arrange for an election of MPs in place of vacant positions. Membership of elected MPs commences from the election day in place of the vacant position. And can remain in office for the remaining period of the House of Representatives (Article 105 of the Constitution)
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