THE PROBLEM OF REVOKING THE RIGHT TO STAND FOR ELECTION AND THE RIGHT TO HOLD A POLITICAL POSITION: A CASES STUDY OF OFFENSES RELATE TO SUBMIT A DECLARATION FORM OF ASSETS AND LIABILITIES

Abstract

Abstract

         This research article aims to study the legal problems of the penalty for revoking the right to stand for election and the right to hold a political position in the case of the offense related submitting declarations of assets and liabilities of Thailand and the penalty in foreign asset declaration cases, to conduct a comparative analysis and propose guidelines for the penalty for revoking the right to run for election and the right to hold a political position in asset declaration cases under Thai law, To comply with the fundamental rights and fairness to those subjects to law enforcement. This research is qualitative, and it studies books, articles, and academic documents from both domestic and foreign countries.

         The study found that the requirement for politicians and civil servants to submit their assets and liabilities to the NACC is a government measure to prevent corruption by checking changes in the assets and liabilities of the submitters. Therefore, the offense of not submitting or submitting false assets and liabilities is considered an offense because the law stipulates it as an offense. The punishment of revoking the right to run for election and the right to hold a political position for life is a violation of political rights, as basic civil rights. It is not proportionate to the offense according to the principle of proportionality and does not comply with the principle of necessity. The asset declaration laws of Germany, France, and The United Kingdom do not appear to provide for the punishment of revoking the right to run for election and the right to hold a political position for life. Therefore, the researcher proposes to amend the law by abolishing the penalty of revoking such rights for life and specifying the period for the punishment of revoking such rights.