13 January 2010
National Justice Administration Development Act
B.E. 2549 (2006)
_________
Bhumibol Adulyadej, Rex
Given on the 3rd day of March B.E. 2549
Being the 61st year of the Present Reign
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that,
Whereas it is deemed expedient to have a law on national justice administration
development;
Be it, therefore, enacted by H.M. the King, by and with the advice and consent
of the Parliament, as follows:
Section 1. This Act shall be called the “National Justice Administration
Development Act, B.E. 2549”
Section 2. This Act shall come into force as from the day following the date of
its publication in the Government Gazette.
Section 3. In this Act:
“Justice Administration” means practices and operations concerning the
provision of justice; the prevention and solving of crime; safeguarding security of life
and property; the protection of the rights and liberties of the people; the enforcement of
the law; and assistance for people in their encounters with the justice system, with the
exception of the independent authority of the Court in the trial and adjudication, as well
as the operation of other independent agencies in accordance with the Constitution;
“Commission” means the National Commission for Justice Administration
Development:
“Office” means the Office of Justice Affairs;
“Minister” means the Minister in charge of this Act.
Section 4. Implementation of this Act shall not prejudice the independent
authority and the administration of the Court or other independent agencies in accordance with the Constitution, or the exercise of power in accordance with the law
by agencies concerned.
Section 5. The Minister of Justice shall be in charge of this Act.
Chapter 1
National Commission for Justice Administration Development
Section 6. There shall be a National Commission for Justice Administration
Development, comprised of the Prime Minister, or the Minister entrusted by the Prime
Minister, as the Chairperson; the Minister of Justice as the Vice-chairperson; the
Permanent Secretary for Finance, the Permanent Secretary for the Interior; the
Permanent Secretary for Justice; the Permanent Secretary for Information and
Communication Technology; the Attorney General; the Judge Advocate General; the
Police Commissioner-General; the Secretary-General of the Office of the Council of
State; the Secretary-General of the National Counter Corruption Commission; the
Secretary-General of the Anti-Money Laundering Office; the Secretary-General of the
Office of the Narcotics Control Board; the Secretary-General of the Office of the
National Economic and Social Development Board; the Secretary-General to the Prime
Minister; the Secretary-General of the Administrative Court; the Secretary-General of
the Office of the Judiciary; the Secretary-General of the Thai Bar; the President of the
Lawyers’ Council of Thailand; a Dean of the Faculty of Law, or equivalent, of all State
higher education institutions being elected among themselves to be one in number; a
Dean of the Faculty of Law, or equivalent, of all private higher education institutions
being elected among themselves to be one in number; a representative of the Ministry
of Justice; a representative of the Civil Service Commission; a representative of the
Bureau of the Budget; and three qualified persons appointed by the Cabinet as members.
The Director-General of the Office of Justice Affairs shall be the secretary.
The Commission shall appoint no more than two government officials from the
Ministry of Justice as assistant secretaries.
Section 7. Qualified members, according to Section 6, must be selected from
among persons with knowledge, expertise, or experience in the fields of criminology,
sociology, psychology, economics, information technology, law, or other fields relevant
to the development of the national justice system.
A qualified member shall hold a position for a term of four years. Upon
vacating a position, a member may be re-appointed, but for no more than two
consecutive terms.
During the time prior to the appointment of qualified members, the Commission
shall consist of the existing members.
Section 8. Each qualified member must conform to the following qualifications
and prohibitions:
(1) be of Thai nationality;
(2) be not less than thirty-five year of age;
(3) not be a political official; a member of a local assembly or local
administrator; a committee member or holder of other managerial position in a political
party; a member or officer of a political party;
(4) not be a government official holding a permanent position or receiving a
salary, with the exception of a government official or employee holding the post of
university lecturer;
(5) not be an incompetent or quasi-incompetent person;
(6) not be a bankrupt person;
(7) never have been sentenced to imprisonment by a final judgment, whether
executed or not, except where an offence was committed through negligence or was a
petty case.
Section 9. Other than retirement on the expiration of the term under Section 7,
a qualified member shall be discharged from the position upon:
(1) death;
(2) resignation;
(3) lack of qualifications or falling under any of the prohibitions as prescribed in Section 8;
(4) being removed by the Cabinet.
In the case where a member is discharged prior to the expiration of term, the
Cabinet may appoint another person to fill the position. A member appointed to fill
such a vacant position shall remain in office for the remaining term of the replaced
member.
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