2023-07-28 07:12:57
‘Lawyer Teerayut’ expects the Constitutional Court to open a hearing room to solve 112 cases, pointing to death ‘go far’ if it falls into the abbreviation. precursor to dissolution of the party
July 28, 2023 – Reporters report on progress. Petitions for cases pending consideration by the Constitutional Court It is a petition that Mr. Teerayut Suwankesorn, an independent lawyer, Submitted a petition to the Constitutional Court to rule that Phitha’s actions Lim Chareonrat far-reaching party leader (1st respondent) and the far-reaching party (Respondent No. 2) proposed a bill (Act) to amend the Criminal Code (No..) BE… to abolish Section 112 of the Criminal Code by using it as an election campaign policy. Is it an exercise of rights and liberties to overthrow the democratic system of government with the monarchy under section 49 paragraph one of the constitution? Recently, the Kao Klai Party has filed a petition with the Constitutional Court for an extension of time. To submit a statement in defense of the allegation after the 15-day deadline for submission of the statement.
Teerayut Suwankasorn
By Mr. Teerayut Suwankesorn, Independent Lawyer the plaintiff Referring to the proceedings of the Constitutional Court from now on Asking for an extension of the time for sending explanations of the Kao Klai Party can be done, but it will not exceed 15 days, which suggests that the Constitutional Court may only extend the time once. and afterwards believe that the Constitutional Court There would be an open hearing room to investigate the petition. To give an opportunity for both parties, the petitioner, that is, himself and the respondent. namely the Kao Klai Party and Mr. Phitha Lim Chareonrat far-reaching party leader bring evidence from both parties to the trial of the Constitutional Court Because the strength of the content in this petition is very high, the society is watching, saying that it is strong because in the petition accusations of “overthrowing” the people would be interested in whether the Progressive Party was gaining popularity. Why was it accused of subversion? Some people may think that they do not see the overthrow anywhere. Just going to change the law But he looked at the aspects that he liked. may not be able to see something But we look at the state of law. By taking the decision of the Constitutional Court in two previous requests, namely the case of the dissolution of the Thai Raksa Chart Party and the case of the three-finger mob leaders being accused of subversive circumstances
If you look at the ruling in the case of the dissolution of the Thai Raksa Chart Party In conjunction with this matter, we can see one picture that in the decision of the Constitutional Court It has been written that the word any action which is eroding, undermining or deteriorating or making the monarchy has been demoted until it may lead to extinction in the future, the word erodes or undermines The court’s ruling was not a straightforward decision. what kind But told the scope of the court’s trial that it was in the main here and how to look, look like a wise man is the way that the general public has already looked at that if this It may happen that way. And it might be that way. The word erodes and destroys. Therefore, it cannot be clearly compared.
“Assessed from the process of considering the petition of the Constitutional Court both for the side of the respondent to be the Progressive Party Resolve the allegations under the 30-day framework and procedures. in court proceedings which is expected to be around 45-60 days, it is expected around the end of October Might see something, ”said Mr. Teerayut.
When asked if such a request was finally made, the Constitutional Court ruled that the party’s behavior was far advanced. fall under the abolition According to section 49 of the constitution, what will be the result? That is, it must not deviate from what the law authorizes. And must not be diagnosed in addition to that the petitioner has filed a petition. which their petition Ask the Progressive Party to stop this, stop using 112 in campaigning, but today the election campaign is over. asked the Kao Klai Party to stop expressing their opinions stop any publishing Regarding Section 112, because it is interpreted from the rulings quoted in the above two cases that “Cut off the power from the beginning of the wind. Don’t let it spread”, that is, don’t keep talking, stop it, let it disappear altogether, don’t speak, don’t comment or publish any message. Including being unable to submit a bill to amend Section 112 to the parliament as well With the draft proposed by the Kao Klai Party remaining in the House of Representatives in the previous session, if the party did not withdraw the draft, but the Council would have to immediately withdraw it. Because the decision of the Constitutional Court is binding on all organizations
Mr. Thirayut said that, first, the Constitutional Court had to decide first that Whether or not his actions fall within the scope of abolition of the government? If so, then it will be a precursor, as Deputy Prime Minister Wissanu Krea-ngam said. This petition will be a precursor. because before the diagnosis came out The judges of the Constitutional Court had to first decide whether the actions of Mr. Phitha and MPs for the Kao Klai Party fall under the abolition Is it corrosive or not? If it falls into the network, they may go and see if it will be overthrown in the future or not. If it is found that it falls within the scope, there may be an order for the Kao Farang Party to stop the issue of 112. At this moment, it is deciding whether to fall within the scope or not. Far, according to Section 92 (2) of the Political Parties Act. that stipulates that If any political party commits an act that may be contrary to the rule, the Election Commission of Thailand shall submit a complaint to the Constitutional Court. order the dissolution of the party and revoke the right to stand for election of the party executive committee
However, the proposal to amend Section 112 of the Criminal Code of the Progressive Party proposed to the House of Representatives in the past session, the person who signed at the end of the draft The first one is Mr. Phitha as the leader of the Kao Klai Party, with the MPs for the Kao Klai Party. Sign to certify the draft submission to the House of Representatives. which if the court looks as far as the word “party”, then the scene of the incident is in the proposed draft It’s not just Mr. Phitha who will be hit, but dozens of MPs who have signed the bill to endorse the bill to submit to the council may also be hit.
“This petition, if the Constitutional Court finally orders Mr. Phitha and the Kao Klai party to stop the 112 issue, the court will first decide that actions of the two respondents It is considered to be eroding, undermining, hostile and will result in the overthrow of the democratic regime. in the future which, if found to be may see that there should be an order stop doing things as the petitioner has requested the court If so Reason for the diagnosis that behavior is eroding, destructive, hostile, and possibly subversive. That reason Therefore, it is reasonable evidence to believe that is a reasonable cause to dissolve the party Which will be the second petition, ”said Mr. Teerayut.
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