INTEGRITY AND INDEPENDENCE OF THAI
PUBLIC PROSECUTORS AND THEIR ROLES INPROSECUTING CORRUPTION CASES
Sutthi Sookying *I. INTRODUCTION
Thai public prosecutors have gone through a long history of struggle to improve theirrole in protecting society and the people by performing their duties professionally, with
dignity and with pride under the safeguard of the laws. In the old days, they faceddifficulties due to the lack of laws and organs to protect them. At the beginning, the role ofThai public prosecutors was unclear; it depended on the directives issued by those who
were in power (the rulers). Later, during the time of reform, when the country adopted theWestern model about one hundred years ago, 1 the “Public Prosecution Department” wasestablished. Yet, the office was transferred under the supervision of the Minister of Justice,then the Minister of Interior and the Prime Minister. Until recent years, starting in 2007,
the Office of the Attorney General of Thailand has been an independent agency withautonomy in personnel administration, budget and other activities, of which thesuperintendent is the Attorney General. However, on certain matters, it must report to the
Cabinet, the Senate or the parliament, depending on the issue.
This paper will explain the background of Thai public prosecutors, their organizational
structure, authorities and functions, including the related laws that promote integrity byproviding Thai public prosecutors with independent status. Also, this paper will touch upon
the roles of Thai public prosecutors in prosecuting corruption cases by describing theprocess of prosecuting corrupt politicians and state officials.
II. BACKGROUND OF THAI PUBLIC PROSECUTORS
A. History
1. Ancient Times
The history of the Office of the Attorney General of Thailand (the Thai OAG) can betraced back to the 14th century when Ayutthaya was the capital of Siam (the former nameof Thailand). This is evident from the Royal Family Law enacted in A.D. 1358 during thereign of King Boromtriloknat, the eighth king of Ayutthaya. At that time, the official who
had a similar function and authority as present-day public prosecutors was called “YokKra-Bat”. The most important role of “Yok-Kra-Bat” was to protect or guard the laws.
According to the writing of M. De Laluber, the French Ambassador to Siam under the
mission of King Louis XIV who came to Ayutthaya in the reign of King Narai (A.D. 1656
Senior Expert Public Prosecutor, International Affairs Department, Office of the Attorney General of
Thailand.
1
The legal reform in Thailand was initiated in the reign of King Rama V (1853 – 1910), which was the same
period of Emperor Meiji of Japan. The Office of the Attorney General of Thailand (at that time called “Public
Prosecution Department”) was established in 1893 as part of the results of the reform.
*- 149 -

– 1688), the title of “Yok-Kra-Bat” was more or less equal to that of “Procureur General”
in France. 2
2. Modern History
The modern history of the Thai OAG began on 1 April 1893, during the reign of King
Chulalongkorn (Rama V), an office under the name “Public Prosecution Department” wasestablished. Later, on 1 April 1916, the title of “Yok-Kra-Bat” was changed to “Ai-YaKarn” by the Royal Decree of King Wachirawut (Rama VI). One of the meanings of “AiYa-Karn” is the “Guardian of the Law.”
In the early days, the office was an agency within the Ministry of Justice. Later on, in
1922, it was transferred to be part of the Ministry of Interior and remained there until 1991.
Then, the office underwent a major structural and organizational change when the office
was separated from the Ministry of Interior and assumed independent status as anautonomous agency under the direct supervision of the Prime Minister. In addition, its namewas changed from the “Public Prosecution Department” to the “Office of the Attorney
General”.
In October 2002, the government reformed its organization by passing a law on
bureaucratic reform. The Office was then again transferred to be under the supervision of
the Minister of Justice.
Later, the 2007 Constitution of Thailand 3 came into effect. The Constitution defines the
new status of the Office of the Attorney General as an “Other Organization” under theConstitution. Public prosecutors have powers and duties as provided in the Constitution
and the law on powers and duties of public prosecutors and other laws. Public prosecutors
exercise independence in their consideration and disposition of cases, as well as inperforming their duties fairly. The Office of the Attorney General has a secretariat withautonomy in personnel administration, budget and other activities, of which thesuperintendent is the Attorney General.
Even though, the Constitution of Thailand was amended in 2010 and 2017, the Officeof the Attorney General and the public prosecution officials have retained their independent
status.
B. Authorities and Functions 4
The Thai OAG has several main authorities and functions, namely: to administer
criminal justice, to safeguard the national interest, to protect civil rights and provide legal
aid, and to enhance international cooperation.

<http://www.ago.go.th/agoen/history.php>.
<http://web.krisdika.go.th/data/outsitedata/outsite21/file/Constitution_of_the_Kingdom_of_Thailand.pdf>.
4
According to the Public Prosecution Organization and Public Prosecutors Act B.E. 2553 (A.D. 2010) and
the Public Prosecution Official Regulation Act, B.E. 2553 (A.D. 2010) also the Criminal Procedural Codeand other specific laws.
23- 150 - 150 -1. Criminal Justice Administration(a) Investigation
Inquiry officials of the Royal Thai Police play the principal role in investigation in
general. However, public prosecutors have the authority to conduct investigations in certain
situations, including, special case investigation, extraterritorial investigation, certain
juvenile cases and post-mortem inquiry.
In the investigation of serious transnational crime or organized crime, the Special Case
Investigation Act B.E. 2547 requires that public prosecutors shall jointly investigate thecase with inquiry officials of the Department of Special Investigation (DSI) of the Ministryof Justice.
In cases where an offence punishable under the Thai law is committed outside theKingdom of Thailand, the Attorney General shall be the responsible inquiry official andmay delegate duties to any public prosecutor or inquiry official to conduct the inquiry on
his behalf. The public prosecutor assigned to conduct a joint investigation may provide
guidance on the process of collection of evidence to the inquiry official.
In certain juvenile cases where the witness, the injured person or the offender is notover 18 years of age, the Criminal Procedure Code stipulates that a public prosecutor,
together with a psychologist or a social welfare worker and any person requested by thechild or adolescent, shall participate in the investigation.
In a post-mortem inquest of an extrajudicial killing, a public prosecutor shall participate
in conducting the inquiry with the inquiry official.
(b) Prosecution and trial
The Thai OAG is the principal prosecuting authority in Thailand. Upon receipt of an
inquiry file from responsible inquiry officials, a public prosecutor will examine the file,which contains all the evidence of the case, and will consider if the case should beprosecuted or not. However, if the inquiry file is considered incomplete, the publicprosecutor may request further investigations to be conducted by the inquiry official or tobring forth any witnesses to be examined before the public prosecutor prior to issuing aprosecution or non-prosecution order. When the prosecution order is made, the publicprosecutor will file an indictment against the alleged offender with the court. Thereafter,
the case will be presented before the court where public prosecutor adduces all relevant
evidence to support the prosecution. Once the court renders its judgment, if the publicprosecutor does not agree with the court’s judgment, the public prosecutor can appeal the
judgment to a higher court.
2. National Interest Safeguard 5
In order to safeguard the national interest, the Thai OAG assigns the Department ofLegal Counsel to act as a legal counsellor to government agencies and state enterprises
upon negotiating government-related contracts with their counterparts. In doing so, thepublic prosecutor will offer legal advice and review the draft contracts purported to besigned by all the parties concerned. In addition, when a government agency is one of the

The Public Prosecution Organization and Public Prosecutors Act B.E. 2553 (A.D. 2010), section 23 (2), (3),(4).

5- 151 - 151 -parties in a lawsuit, the public prosecutor in related offices will represent such an agency
on its behalf.
3. Civil Rights Protection and Provision of Legal Aid 6
The public prosecutor at the Department of Civil Rights Protection and Legal Aid
provides legal aid and advice to people and also represents any person seeking a court orderto endorse his/her rights, such as the right of an heir to manage their late relative's property,
seeking the court permission for child adoption or seeking the court appointment of a legal
guardian for an orphaned child. In a case where a person is barred by the law from bringing
an action against his or her parents, a public prosecutor may pursue the case on behalf ofsuch person.
The Thai OAG focuses its attention on the civil rights and legal aid provision forunderprivileged Thais living both in the country and abroad. The Office of International
People's Rights Protection has been designated to provide legal services and assistance tothem, as well as to foreigners residing in Thailand.
4. International Cooperation 7
The Thai OAG plays a significant role in international cooperation concerning theprevention and suppression of transnational organized crime that pervades many areas ofcriminality, including drug trafficking, money laundering, human trafficking andcybercrime. In fulfilling this role, the Thai OAG acts as the Central Authority forcooperation with foreign counterparts in the matters of mutual assistance in criminal
matters and extradition. Moreover, the Thai OAG is designated as the Central Authority
under the Hague Convention on the Civil Aspects of International Child Abduction.
In the area of mutual legal assistance in criminal matters, Thailand concluded bilateraland multi-lateral treaties with following countries, namely: ASEAN countries, Australia,
Belgium, Canada, China, France, India, the Republic of Korea, Norway, Peru, Poland, Sri
Lanka, Ukraine, the United Kingdom and the United States of America. As for extradition,
Thailand concluded extradition treaties with the following countries: Bangladesh, Belgium,
Cambodia, China, Indonesia, the Republic of Korea, the Lao PDR, the Philippines, theUnited Kingdom and the United States of America.
C. The Organizational Structure
The organizational structure of the Thai OAG can be divided into two main areas:
central offices in Bangkok and regional offices in provinces. 8
1. Central Offices
The central offices are the Head Office of the Attorney General of Thailand and otheroffices which are located in Bangkok and have jurisdiction over cases that occurred in
Bangkok. These include the specific departments such as the Department of Legal Counsel,
International Affairs Department, Department of Technical Affairs, the Training Centre,
etc.

Ibid., section 23 (1).
The Extradition Act B.E. 2551 (A.D. 2008) and Mutual Assistance in Criminal Matters Act, B.E. 2535 (A.D.
1992).
8<http://www.ago.go.th/agoen/office.php>.
6
7- 152 - 152 -2. Regional Offices
The regional offices outside Bangkok are grouped into 9 regions. The Departments of
the Regional Public Prosecutor, (Regions 1-9) cover and oversee the work of all provincial
offices in their jurisdictions. There are 111 Provincial Public Prosecutor Offices establishedin 76 provinces, excluding Bangkok. The large provinces, such as Chiangmai, Nakorn
Ratchasima, Ubon Ratchatani, and Nakorn Si Thammarat, have more than one office. There
are also the Offices of Provincial Juvenile and Family Litigation to take care of juvenile
offenders and family matters and Offices of Provincial Civil Rights Protection and legal
aid to ensure that rights of Thai people are protected.
D. Qualifications of Applicants for the Public Prosecutor Test 9
The applicants for the public prosecutor test must have qualifications and have no
forbidden characteristics as described by the Public Prosecution Official Regulation Act,
B.E. 2553 (A.D. 2010). After passing the test, the applicants will be trained for one year
and appointed to be assistant public prosecutors. After finishing the one-year training, thePublic Prosecutor Commission will evaluate and appoint them to be public prosecutors at
the offices throughout the country.
E. The Titles or Positions and Ranks of Thai Public Prosecutors
The officials of the Thai OAG are divided into two types:-

the Public Prosecutor under the Public Prosecution Organization and Public
Prosecutors law;and the General Administrative Officer under the Public Prosecution Official
Regulation law. 10

The Thai Public Prosecutors have 17 titles or positions and are divided into 8 ranks orlevels as follows:(1) Public Prosecutor level 8: Attorney General(2) Public Prosecutor level 7: Deputy Attorney General and Inspector General(3) Public Prosecutor Level 6: Director General, Deputy Director General, Executive
Director and Senior Expert Public Prosecutor(4) Public Prosecutor level 5: Expert Public Prosecutor(5) Public Prosecutor level 4: Provincial Chief Public Prosecutor and Provincial Public
Prosecutor attached to the Office of the Attorney General(6) Public Prosecutor level 3: Public Prosecutor attached to the Office of the Attorney
General and Deputy Provincial Chief Public Prosecutor(7) Public Prosecutor level 2: Divisional Public Prosecutor and Assistant Provincial
Public Prosecutor(8) Public Prosecutor level 1: Assistant Public Prosecutor.
There is also a position of Senior Public Prosecutor who is 65 – 70 years old with noexecutive power but handling cases or work as assigned by the head of the office.

The Public Prosecution Official Regulation Act, B.E. 2553 (A.D. 2010).
The Public Prosecution Organization and Public Prosecutors Act B.E. 2553 (A.D. 2010) and the Public
Prosecution Official Regulation Act, B.E. 2553 (A.D. 2010).
910- 153 - 153 -III. RELATED LAWS TO ENSURE INTEGRITY AND INDEPENDENCE OF
THAI PROSECUTORS
A. The Constitution: Guaranteeing the Independence of the Prosecutors
The 2017 Constitution, 11 Section 248 provides that:“The State Attorney Organ has the duties and powers as provided in theConstitution and laws.
State attorneys are independent in considering and making orders in cases
and in performing duties expeditiously and justly and without any prejudice,and such act shall not be deemed an administrative order.
The personnel management, budgetary affairs and other acts of the State
Attorney Organ shall be independent, with a specific system of salary andremuneration as may be appropriate. The personnel management in relation
with State attorneys shall be carried out by the State Attorney Committee,
which shall at least consist of the Chairperson who is not a State attorneyand qualified members selected by State attorneys; at least two of suchqualified members shall not be or have been State attorneys, as provided bylaw.
The law under paragraph three shall contain measures to prevent State
attorneys from carrying out any act or holding any position which may
cause the making of orders in cases or the performance of duties to be notin accordance with paragraph two, or may cause conflict of interest. In thisregard, such measures shall be prescribed explicitly and be of generalapplication without any delegation of power to consider the matters on caseby-case basis.”
B. The Public Prosecution Organization and Public Prosecutors Act B.E. 2553 (A.D.
2010): The Mechanisms to Establish Integrity, Independence and the Quasijudicial Nature of Prosecutors
The Public Prosecution Organization and Public Prosecutors Act B.E. 2553 (A.D. 2010)provides the mechanisms to establish integrity, independence and quasi-judicial nature of
the prosecutors in many sections such as:
Section 7 The Public Prosecution Organization consists of the Public
Prosecutor Commission (the PPC), the Attorney General, and other publicprosecutors whereby the Office of the Attorney General serves as its
secretariat.
The Office of the Attorney General is a government agency having
autonomy in its personnel administration, budget and other activities, andis a juristic person with the Attorney General as its superintendent andrepresentative, etc.

11

<http://web.krisdika.go.th/data/outsitedata/outsite21/file/Constitution_of_the_Kingdom_of_Thailand.pdf>.

- 154 - 154 -Section 10 The appointment and removal of the Attorney General shall bein accordance with the resolution of the PPC together with approval of the
Senate. The President of the Senate shall countersign the Royal Command
appointing the Attorney General. The appointment and removal of otherpublic prosecutors shall be in accordance with the Law on Public
Prosecution Official Regulation.
Section 21 Public prosecutors are independent in considering and directing
cases and the performance of their duties with good faith and fairness inaccordance with the Constitution and laws.
Section 22 The justified discretion of public prosecutors for the casedecisions and performance of duties in accordance with Section 21 shall be
immuneC. The Public Prosecution Official Regulation Act, B.E. 2553 (A.D. 2010): The
Mechanism to Maintain Integrity, Discipline, Codes of Conduct, and Abilities ofThai Public Prosecutors
The Public Prosecution Official Regulation Act, B.E. 2553 (A.D. 2010) provides themechanisms to maintain integrity, disciplines, codes of conduct, and abilities of Thai publicprosecutors in many sections such as:
Section 7 Payroll and Position Allowance System of Judicial Service
Officer shall be applied to Public Prosecutor mutatis mutandis. Rate ofsalary and position allowance of Public Prosecutor shall be complied withthe payroll attached to this Act.
Section 14 Code of Ethics of Public Prosecutor shall be complied with thedetermination of Office of Attorney General which is approved by PPC.
Office of Attorney General by the approval of PPC, shall prepare Morals
Code of Public Prosecutor.
Code of Ethics as specified in paragraph one and Code of Morals specifiedin paragraph two, shall come into force upon their publication in
Government Gazette.
Section 83: Public Prosecutor shall abide and comply with Code of
Ethics and Morality.
Any defiance or non-compliance with Codes of Ethics shall be deemed as
violation of discipline.
If there is any defiance or non-compliance with Code of Morality, Superior
shall report to PPC which shall be used accompanying the consideration inappointment by PPC.

- 155 - 155 -IV. THE ROLES OF THAI PUBLIC PROSECTORS IN PROSECTING
CORUPTION CASES
A. Investigation Stage: The Powers of the NACC 12
According to the Organic Act on Anti-Corruption B.E. 2561 (2018), the National AntiCorruption Commission (NACC) has the powers to conduct an inquiry and prepare opinion
in a case there is an allegation that a person holding a political position, a person holding a
position in an independent agency or a state official is involved in circumstances of unusual
wealth, corruption, or deliberate performance of duties or exercise of powers in contrary to
the laws, or such person has committed an offence of malfeasance in public office or in
judicial office, or seriously violated or failed to comply with the ethical standards.
After finishing the investigation and having the resolution of the case, the NACC will
send a report, inquiry file, document, evidence and opinion, including their electronic
copies, to the Attorney-General (AG) to review and file a case against such person to thecompetent Court. 13
B. The Joint Committee between the NACC and the AG
In case the Attorney General (AG) finds that the inquiry file is incomplete forjustification of initiation of a prosecution, the AG shall inform the NACC of the matter
along with specification of all the incomplete issues. In this case, the AG and the NACC
shall appoint a joint committee consisting of representatives of each side of an equal
number, with no more than five representatives on either side. 14
The joint committee shall collect evidence to completion as well as perform any
undertaking in order to complete the inquiry file for further prosecution. In case the jointcommittee fails to reach a mutual agreement on the matter, the NACC shall further proceed
by initiating the prosecution by itself.
C. Prosecution and Trial
In case the AG (or the public prosecutor designated by the AG) finds that the inquiry
file is complete for justification of initiation of a prosecution, the AG (or the publicprosecutor designated by the AG) will initiate the case in the competent court. 15
If the alleged culprit is a person holding a political position, the Supreme Court ofJustice’s Criminal Division for Persons Holding Political Positions will have jurisdiction
over the case. If the alleged culprit is a state official, the Criminal Court for Corruption and
Misconduct Case will have jurisdiction over the case.
D. When the AG is the Alleged Culprit
If the alleged culprit is in the position of Attorney General during the commission of an
offence or during the allegation, the President of the NACC has the power to initiate thecase or submit the complaint to the Criminal Court for Corruption and Misconduct Cases.

The Organic Act on Anti-Corruption B.E. 2561 (2018) sections 46 - 75.
Ibid., sections 76, 77, 91, 93.
14
Ibid., sections 77, 93.
15
Ibid., sections 77, 93.
1213- 156 - 156 -E. Confiscation of Property 16
In filing a case in the competent court, if the alleged culprit or the person participatingin the commission of the offence has used or acquired property in an unlawful manner as aresult of the commission of corruption, or deliberately performed duties or exercised
powers contrary to the provisions of the Constitution or laws, the AG or the NACC, as thecase may be, may file a motion with the court for the confiscation of the following
properties, unless it is the property of another person who has no connivance with thecommission of the offence:(1) Property which any person used or had in his or her possession for use in thecommission of the offence;(2) Property or interest that can be calculated into monetary value, which has been given,
requested to give or pledged to give to the alleged culprit by any person in an unlawfulmanner(3) Property or interest that can be calculated into monetary value which a person has
obtained from the commission of or from his involvement as an instigator, an aider andabettor or a publisher or announcer in order for another person to commit the offence;(4) Property or interest that can be calculated into monetary value which a person has
obtained from a disposal, distribution or transfer in any manner of the property orinterest under (1) or (3).
(5) Fruits or any other interests occurring from the property or interest under (1), (3) or(5).
V. CONCLUSION
In 2007, the Thai Constitution established the new status of the Thai OAG withautonomy in personnel administration, budget and other activities. This status remains thesame even though the Constitution of Thailand has been amended in 2010 and 2017. The
Public Prosecution Organization and Public Prosecutors Act B.E. 2553 (A.D. 2010) and
the Public Prosecution Official Regulation Act, B.E. 2553 (A.D. 2010) are the mechanisms
to maintain integrity, discipline, codes of conduct, and the abilities of Thai publicprosecutors. By those laws, as well as the welfare and the status received from thegovernment and the public, the Thai public prosecutors remain independent in theirconsideration and disposition of cases as well as in performing their duties fairly.
However, a public prosecutor is a human being not a robot or a machine; therefore, heor she as an individual, might have engaged in wrongdoing. In fact, in these recent two or
three years, there are 2 - 3 cases in which the Criminal Court for Corruption and Misconduct
Cases has convicted public prosecutors who were involved in corruption or exercised
powers contrary to the laws. 17 There are also 2 - 3 cases involving corruption that are under
the investigation of the NACC. 18 The number of public prosecutors who engaged inwrongdoing may be considered as only a few cases when compared to the total number of
4,167 public prosecutors who work throughout the country. 19

Ibid., sections 83, 93.
<www.isaranews.org>.
18<www.thaipublica.org>.
19
The statistics at the end of the year 2020.
16
17- 157 - 157 -Therefore, other measures to prevent corruption are still needed, such as asset
declaration or financial disclosure. Public awareness and public participation are also very
important tools to prevent corruption in the justice system.

- 158 - 158 -