Authority of NACC on Inspection of Judicial Branch: Case Study Khao Privihan Issue

Abstract

The National Counter Corruption Commission is established for the purpose of inspection in any actions of the state official on using the power and duties legitimately. The problem at hand is that, even though the judge is a part of the state judicial system and is considered to be independent from any type of possible interference, the judiciary is able to be inspect by the National Counter Corruption Commission as same as any officials in other offices. Thus, this article particularly aims to research on the power of the National Counter Corruption Commission for inspection the actions of officials in the judiciary system in the case of abuse of power by the judge. The study of other countries’ cases found that there are many inspection ways for the judiciary system to be inspected by external organization such as; the Legislative or other authorized organizations. Additionally, the research also found that the judiciary inspection by external organization is executable to reach the particular process of inspection conducing to a position’s offence, criminal offence, or disciplinary offence of the accused judge. The author suggests that the Organic ACT on Counter Corruption, B.E. 2542 (1999) should be amended and the new key authorized organization should be specifically to deal with this matter for enhancement of the suitability and efficiency of the judiciary inspection.