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5. Corruption and the Rule of Law: Paradox and

Balance?

All constitutions of the Kingdom of Thailand have provisions to

ensure the rights of the accused, under the principle that a person is
presumed innocent until proven otherwise. This kind of rights protection
is called “Due Process of Law”. This is a fundamental principle of the
Rule of Law, reflected in various laws concerning court trial processes.
Although several organizations exist to deal with special legal cases,
their mechanisms for using power are limited in order not to violate due
process of law.

However, strict adherence to this principle may be an obstacle to
court proceedings in certain cases, particularly in cases of political
corruption, which cause serious damage to the country and to the
development of democracy. The use of normal court procedures in such
cases may not result in the penalization of offenders. Besides, despite
the establishment of several special organizations for the purpose of
specific cases, their power is rather limited. To make matters worse,

redundant mechanisms among such organizations may result in cases
being delayed.

For this reason, exchange of ideas concerning this issue is vital to
find a balance between protecting the rights of the accused and

efficiency of court proceedings in cases of political corruption, which
require speed and accuracy, and may call for different processes for
acquiring and admitting evidence. This will lead to recommendations
regarding appropriate mechanisms for court proceedings in political
corruption cases, as well as the scope of power of relevant
organizations in order to increase efficiency of the justice process while
being in compliance with the Rule of Law.

สาระสำคัญและประเด็นหลักในการประชุมกลุมยอย