Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ...
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Implementation and En<strong>for</strong>cement Tools 97will face a jail term <strong>of</strong> five to twenty years, a fine <strong>of</strong> 2,000 to40,000 baht, or death. This section has a conflict-<strong>of</strong>- interestcomponent in that it is understood that public <strong>of</strong>ficials aremaking decisions knowingly in exchange <strong>for</strong> personal gainor benefits.• Section 149: This provision deals with <strong>of</strong>fenses committedby state <strong>of</strong>ficials who have received, asked to receive, oragreed to receive properties or other <strong>for</strong>ms <strong>of</strong> benefits <strong>for</strong>themselves or others by corrupt means in exchange <strong>for</strong> acertain action or nonaction, whether within the confines <strong>of</strong>their <strong>of</strong>ficial duties or outside them. The penalty <strong>for</strong> this<strong>of</strong>fense is equally severe, with death as the ultimate punishment.This is the most typical <strong>for</strong>m <strong>of</strong> corruption viabribery.• Section 154: This provision pertains specifically to tax<strong>of</strong>ficials. If tax <strong>of</strong>ficials corruptly collect or neglect to collectappropriate taxes from taxpayers, or collect a loweramount <strong>of</strong> taxes than required, they can face penalty <strong>of</strong>five years up to life imprisonment, and a fine <strong>of</strong> 2,000 to40,000 baht. 5• Section 157: This provision provides a de facto code <strong>of</strong> conductand outlines the expected proper behavior <strong>of</strong> public<strong>of</strong>ficials. Specifically, it stipulates that any public <strong>of</strong>ficial whois deemed competent who conducts his duty improperly orrefrains from conducting his duty properly so as to causedamage to any person will be subject to imprisonment fromone to ten years, or fine from 2,000 to 20,000 baht, or bothimprisonment and a fine.Laws Targeting Specific Groups <strong>of</strong> Public Officials• Act on the Offences <strong>of</strong> Officials in State <strong>Organisation</strong>s orAgencies, B. E. 2502: This Act actually lifts most <strong>of</strong> Sections147 to 166 from the Penal <strong>Co</strong>de and simply provides theseprovisions with a new section number. The benefit <strong>of</strong> doing5Recently a senior tax <strong>of</strong>ficial in Thailand was indicted on this charge becausehe purposely refrained from collecting the correct amount <strong>of</strong> taxes on propertytransactions from a prominent politician family.ADB/OECD Anti-<strong>Co</strong>rruption Initiative <strong>for</strong> Asia and the Pacific
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