The Prosecution according on Standard of Persons holding Political Position

Abstract

This research compared the source and concept of ethics between Thai and the other countries in order to analyze the problems in violation of ethical standard of persons holding political position case. Most of the study was done with documentary research approach on textbook, research document, academic journal regarding ethical issue, news pieces including court precedence obtain through internet browsing. The content then analyzed, interpreted and conclude in accordance with research problem. The research found the origin of Ethics from Western Philosophy which was referred to the appropriation of conduct to others. The Buddhism Ethics were the guideline on noble conduct such as the way of brahma including body mind and wisdom while Ethics could be compared with morals. There were issues regarding Code of Ethics of Persons Holding Political Position B.E.2563 and Ethical Standard of Constitutional Court Judge and Independence Organ officials B.E.2561. The members of the house of representative and senator were not a considered Profession which susceptible to Ethical misconduct defined by these laws. Also, the source of investigation committee and the provision which included “severe case” were not clear. Hence, in practice, the investigation on violation of ethical standard of the representative was not very effective in parliamentary level. The investigation initiated by filing a petition to National Anti-Corruption Commission was more effective and clearer.