57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?

Thailand

Thailand

Answer
Refer for investigation Carry out investigation Request additional information from potential violator Request additional information from others Impose sanctions
Source

Refer for investigation:

"Section 92         The Election Commission shall file a motion with the Constitutional Court when there appears to be reasonable evidence that the political party has violated the following actions:

            (1) an act to overthrow the democratic regime of government with the King as Head of State or to gain power in the administration of the State by unconstitutional means, or an act which the constitution considers as intended to gain such power;

            (2) an act which may be harmful to the democratic regime of Government with the King as Head of State under the Constitution;

            (3) an act in violation of Section 20 paragraph two, Section 28, Section 30, Section 36, Section 44, Section 45, Section 46, Section 72, or Section 74;

            (4) having reasonable legal cause of dissolution as provided by law."

Source: Section 92, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

Carry out investigation and Request additional information from potential violator:

"Section 41       When there appears to be reasonable evidence that an offense has been committed, whether there is a complainant or not, or that there has been a violation of the Organic Act on the Election and Political Parties, or of the proceeding of the election in an honest and fair manner, or of wrongfully act by law, the Election Commission shall have a duty to investigate or examine in order to immediately convene a fact-finding. When there appears to investigate no misconduct, the Election Commission may issue an order terminating the case, or it may file a complaint in court as soon as possible when there appears to prove the accused correctly. If necessary, the Election Commission may temporarily suspend the right to stand for election of the accused.

Section 42       An Election Commissioner shall have the powers to investigate, examine or file a complaint in court under Section 41..."

Source: Section 41 paragraph one and Section 42 paragraph one, Organic Act on the Election Commission, 2017 (Unofficial translation by the researcher)

Request additional information from others:

"Section 32       For purposes of the operation in accordance with its powers and duties to proceed the election in an honest and fair manner, and due to process of law, the Election Commission may request that the following actions be taken:..."

Source: Section 32 paragraph one, Organic Act on the Election Commission, 2017 (Unofficial translation by the researcher)

Impose sanctions:

"Section 41       When there appears to be reasonable evidence that an offense has been committed, whether there is a complainant or not, or that there has been a violation of the Organic Act on the Election and Political Parties, or of the proceeding of the election in an honest and fair manner, or of wrongfully act by law, the Election Commission shall have a duty to investigate or examine in order to immediately convene a fact-finding. When there appears to investigate no misconduct, the Election Commission may issue an order terminating the case, or it may file a complaint in court as soon as possible when there appears to prove the accused correctly. If necessary, the Election Commission may temporarily suspend the right to stand for election of the accused."

Source: Section 41 paragraph one, Organic Act on the Election Commission, 2017 (Unofficial translation by the researcher)

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