Problems In Enforcement of Section 176 of the Anti – Corruption Act 2018

Abstract

The purposes of this research was to study the concepts, theories and causes
of problems. bribery of government officials Study the relevant laws and obstacles
in law enforcement. as well as measures to prevent the commission of bribery of government officials in Thailand. comparison with international conventions foreign law to analyze and suggest to solve legal problems related to the offense of bribery to government officials to be consistent, appropriate and effective in enforcing further. According to the study, Thailand has problems in Enforcement of the law on offenses relating to bribery of government officials which such action In addition to being classified as an offense under section 144 and 167 of the Criminal Code, it was also stipulated section 176 of The Anti – Corruption Act B.E. 2561. As well as complying with obligations as a member of The United Nations Convention against Corruption that stipulates liability for persons in The case of bribery to government officials clearly.

The finding from this research was found that Problems in enforcing Section 176 of The Anti – Corruption Act B.E. 2561 which stipulates liability in the case of bribery of government officials. There are three main issues that is first, the provision of elements of the offense in the case of bribery of government officials. secondly, the case about measures appropriate internal control of the juristic person and thirdly, in the case
of mandatory penalty measures for juristic persons. As a result, the enforcement such law cannot really prevent and control the offenses that occur.

Therefore, the study of this research has proposed guidelines for amending Section 176 The Anti – Corruption Act B.E. 2561 to be used as an implement for controlling and preventing the commission of bribery government officials and enforcing continue to use the law effectively.