Abstract:
This research aims to study and analyze the problems and obstacles of lodging a protest by the Member of the House of Representatives, Senators and the People to remove persons holding political positions and high ranking officials prescribed by the Constitution of the Kingdom of Thailand and the National Corruption Commission.The results of this study revealed that accordance with the Constitution of the Kingdom of Thailand and the organic law on counter corruption, there were difficulties of procedures for the complainant to request removing the persons from office since the said request not only shall clearly itemise circumstances in which such persons have allegedly committed the act, but also must identify appropriate and adequate evidences and clues to the National Coi Corruption Commission for investigation without delay. Moreover, authorization to the National Counter Corruption Commission to investigate the prosecuted person who was under the circumstances of malfeasance in office, malfeasance in judicial office oran intentional exercise of power contrary to the provision of Constitution or law which was not the corruption was unsuitable authorized.Based on the findings of this study it was recommended some following points of the law shall be edited 1) the Constitution of the Kingdom of Thailand must authorize the National Counter Corruption Commission to investigate only the prosecuted person who was under the circumstances of unusual wealthiness, or that indicator of the commission of corruption or malfeasance in office, and malfeasance in judicial office; 2) prescription of request must be clarified by identify the accusation has a prima facie; 3) the National Counter Corruption Commission must have authorization to investigate evidences and clues; 4) a commission shall be particularly appointed to investigate the accusator who was under an intentional exercise of power contrary to the provisions of the Constitution or law and shall prepare a report thereon for submission to the Senate so that the President of the Senate shall urgently arrange the Senate's meeting; 5) casting a vote to remove any person from office shall be confidential and shall be passed by votes of not less than three fifths of the total number of the existing members of the Senate; and 6) the instituting criminal prosecution of removal from office of any person who is under an intentional exercise of power contrary to the provisions of the Constitution or law shall be done only after the resolution of the Senate.