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CHAPTER XI Penalties

31/01/2020
CHAPTER XI
Penalties
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Section 118. Any person who fails to comply with an order of the N.C.C. Commission under section 25 (1) or section 79 shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand Baht or to both.
   
Section 119. Any State official who intentionally fails to submit an account showing assets and liabilities and supporting documents to the N.C.C. Commission within the time prescribed by this Organic Act or intentionally submits an account showing assets and liabilities and supporting documents with false statements being included therein or conceals facts which should have been disclosed shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand Baht or to both.

Section 120. Any person who discloses statements, facts or information obtained in consequence of the performance of duties under this Organic Act without authorisation by the N.C.C. Commission and without such act being committed in discharge of official duties or for the purpose of verifying or inquiring into facts or for official or public interest shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand Baht or to both.

Section 121. Any person who has in possession or keeps the property, accounts, documents or any other evidence seized, attached or ordered to be furnished by the N.C.C. Commission, or damages, destroys, conceals, takes away, causes such property, accounts, documents or evidence to be lost or useless shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding sixty thousand Baht or to both.
 
Section 122. Any State official who violates the provisions of section 100, section 101 or section 103 shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding sixty thousand Baht or to both.
In the case of an offence under section 100 paragraph three, if any State official proves that he or she has not connived at his or her spouse's carrying out the activities under section 100 paragraph one, it shall be deemed that such person is not guilty of the offence.
 
Section 123. Any State official who performs or refrains from performing any act in the circumstance likely to cause others to believe that he or she holds a particular position or has a particular duty despite not holding such position or not having such duty, for acquiring illegitimate benefits for himself or herself or for others shall be liable to imprisonment for a term of one to ten years or to a fine of two to twenty thousand Baht or to both.
 
Section 124. Any person who initiates the request for the removal of a person from office under section 60 or submits a request for taking criminal proceedings under section 66 or submits an allegation under section 84 knowing that there is no ground for removing that person from office or that there is no circumstance indicative of that person's unusual wealthiness or that there is no commission of an offence of malfeasance in office under the Penal Code or under other laws, or makes a false allegation or presents false evidence shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding sixty thousand Baht or to both.
In the case where the commission of the act under paragraph one is the request for removing a particular person from office, it shall be deemed that the person against whom the request is made for removal from office is also the injured person in the commission of such offence.

Section 125. Any person, being the President, member, member of a sub-committee, competent official or person entrusted by the N.C.C. Commission, who performs duties unjustly, commits an offence of corruption or an offence of malfeasance in office shall be liable to twice the penalty provided by the law for such offence.

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