Managing Conflict of Interest - Organisation for Economic Co ...

96 Managing Conflict of Interesthave private interests that may conflict with their public duties andthe public interest that are:•••••political;cultural/religious;social/familial;legal; oremotional/ideological.Whether or not financial private gains result, each of these conflictsof interest has the potential to compromise the public interestand the objectivity of the public office held. Thus, it is necessary toestablish laws and regulations that clearly define the various conflictsof interest and target prevention and enforcement measuresaccordingly.Thailand’s Experience: Conflict-of-Interest Legislation andEnforcement MeasuresThailand’s laws related to conflict of interest fall into three broadcategories:•••criminal sanctions outlined in the Penal Code of Thailand;specific restrictions and regulations targeting specific groupsof public officials; andnew conflict-of-interest laws under the jurisdiction of theNational Counter Corruption Commission (NCCC).The Penal Code of ThailandThis Code outlines and defines the fundamental offenses andspecifies the range of penalties and punishments applicable tostate officials. Provisions pertaining to conflict of interest are outlinedin Part 2, Category 2, Sections 147 to 166. This part of thePenal Code deals with offenses committed by public officials whileserving in an official capacity. Key provisions are outlined in detailbelow:• Section 148: This provision stipulates that if state officials usetheir power corruptly through coercive or accommodatingactions in order to receive properties or other benefits, theyADB/OECD Anti-Corruption Initiative for Asia and the Pacific