Thailand Internal Security Act

Thailand Internal Security Act #2

Section 21

If, in the areas which the ISOC is authorised by the Council of Ministers to address according to section 15, any person who has committed an offence affecting the national security as determined by the Council of Ministers appears to have repented thereof and surrenders himself to a competent authority, or such person is found by a judicial police officer following an inquiry that he has committed the offence due to his mental error or stupidity and the provision of an opportunity to him to reform himself would be beneficial to the internal security operations, the judicial police officer shall submit to the Commander the inquiry files concerning the said accused together with his own opinion.

If the Commander concurs with the opinion of the judicial police officer, he shall render the files and his opinion to a public prosecutor to further make good application to the court. The court, thinking fit, may deliver the accused to the Commander to further be trained at a determined place for not more than six months and may also stipulate other conditions for him.

The court may undertake the measure under paragraph 2 only when the accused consents to the said training and conditions.

If the accused has passed the training and has well observed the conditions stipulated by the court, the right to bring a criminal case against him shall be excluded.

Section 22

The competent authorities functioning in the areas under section 15 may be furnished with special allowances by the Council of Ministers.

Subject to the rules of the Council of Ministers, any competent authority under paragraph 1 who incurs illness, death, disability, infirmity or loss of organ in consequence of the functioning shall be entitled to other benefits in addition to those already given by the laws.

Section 23

All ordinances, announcements, orders or actions under this Chapter shall not be subject to the law on administrative procedure.

It shall be the courts of justice which are competent to address the cases based upon an ordinance, announcement, order or action under this Chapter. In the event that a court needs to indicate certain provisional measures or reliefs under the Code of Civil Procedure or Code of Criminal Procedure, whichever applies, the court shall also require the officer or competent authority issuing the ordinance, announcement or order or undertaking the action in question to appear and demonstrate certain facts, information or reasons to further be considered for the sake such indication.

Chapter 3

Penal Provisions

Section 24

Any person who contravenes an ordinance issued under section 18 (2), (3), (4), (5) or (6) shall be liable to imprisonment for not more than one year, or a fine of not exceeding twenty thousand baht or both.

Transitory Provisions

Section 25

The affairs, property, budgets, debts, rights, government officers, officials, employees and human resources of the Internal Security Operations Command under the Order of the Office of the Prime Minister No. 205/2549, Re: Establishment of Internal Security Operations Command, dated 30 October 2006, shall all be transferred to the Internal Security Operations Command under this Act.

Section 26

The Southern Border Provinces Administration Centre and the Civilian, Police and Military Joint Command under the Order of the Office of the Prime Minister No. 207/2549, Re: Administration of Southern Border Provinces, dated 30 October 2006, shall become the centres or agencies called otherwise under section 17 of this Act.

Countersigned by:

General Surayut Chulanon,

Prime Minister.

Statement of Grounds

The grounds for promulgation of this Act are as follows: Certain persons or groups of persons currently bring about the security problems of various serious characteristics and capable of quick expansion to the extent resulting in extensive and complicated impacts and likely to sway the independence and territorial integrity, cause unrest amongst the Nation and endanger the public order. In order to promptly prevent and suppress the possible harms, it is expedient to bring into existence a key agency to take charge the internal security operations, to cooperate with every government agency on the pertinent activities in an integrated manner, to encourage the public participation in the security maintenance and defence, to strengthen the local powers against the possible harms both in time of peace and in time of threats to local security, and to provide the specific measures and mechanisms for controlling the exercise of powers at each level of seriousness of the situations and for effectively and unitedly handling these situations. It is therefore necessary to enact this Act.

 

Related: Thailand Arms Control Act

Related: Thailand Disaster Prevention and Mitigation Act

Related: Thailand Foreign Employment Act

Related: Thailand Royal Pardons

Related: Thailand Social Security Act

Related: Thailand State of Emergency Act

 

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