Organic Act on Counter Corruption

Defines who counts as a state official (เจ้าพนักงานของรัฐ): state officials in the narrower sense (เจ้าหน้าที่ของรัฐ, such as civil servants, state-enterprise and local-government staff), political office holders, Constitutional Court judges, holders of positions in independent organs, and NACC commissioners. Corruption in office (ทุจริตต่อหน้าที่) means acting or omitting to act in a position or duty, or using the power of the position, in order to seek an improper benefit for oneself or others, or committing an offence against official or judicial duties under the Penal Code or other law. Unusual wealth (ร่ำรวยผิดปกติ) covers unusually large assets, an unusual increase in assets, an unusual decrease in debts, or assets acquired with no lawful basis arising from performing duties or using power.

In criminal proceedings under this Act, if the accused or the defendant absconds during the proceedings or the court trial, the period of absconding is not counted as part of the limitation period. If a defendant absconds after a final judgment imposing punishment, Section 98 of the Penal Code does not apply.

The National Anti-Corruption Commission has nine commissioners, appointed by the King on the advice of the Senate from persons put forward by a selection committee. Nominees must have knowledge, expertise and experience in a field useful to preventing and suppressing corruption, and must also meet one of several experience tracks (for example, at least five years in a senior government or state-enterprise post, at least five years as a university professor, at least twenty years in a profession recognised and certified by its professional body, or at least ten years in a senior executive position at a public limited company). Section 10 adds that a commissioner must be Thai by birth, aged at least forty-five and not over seventy, hold at least a bachelor's degree, have manifest integrity and adequate health; Section 18 sets a seven-year term, one term only.

Commissioners must work full time. The NACC must perform its duties and exercise its powers in good faith, impartially and courageously, free from bias in the use of discretion, and in conformity with ethical standards. During their term commissioners may not attend any study or training course or programme other than one the NACC itself organises specifically for commissioners.

The NACC investigates and gives an opinion on allegations that political office holders, Constitutional Court judges or holders of positions in independent organs are unusually wealthy, corrupt in office, wilfully act contrary to the Constitution or law, or seriously breach ethical standards. It investigates and rules whether state officials (เจ้าหน้าที่ของรัฐ) are unusually wealthy or have committed corruption in office or offences against official or judicial duties. It requires designated office holders and officials to file asset-and-liability accounts for themselves, their spouse and minor children, and verifies and discloses the results. It also investigates other offences assigned to it by the Act or other law.

When the NACC resolves that a political office holder, Constitutional Court judge or holder of a position in an independent organ has committed corruption in office or wilfully acted contrary to the Constitution or law, it sends its report, investigation file, evidence and opinion to the Attorney General within thirty days of the resolution, for prosecution before the Supreme Court's Criminal Division for Persons Holding Political Positions. Under Section 77 the Attorney General must file the case within one hundred and eighty days of receiving the file; if the file is incomplete, the Attorney General must say so within ninety days and a joint committee is set up, and if the joint committee cannot settle the matter the NACC may file the case itself.

At a minimum the NACC must require the following to file an account of assets and liabilities, covering themselves, their spouse and their minor children: political office holders; Constitutional Court judges; holders of positions in independent organs; judges from the rank of อธิบดีผู้พิพากษา upward; administrative court judges from chief judge of a court of first instance upward; public prosecutors from the rank of อธิบดีอัยการ upward; senior position holders; holders of other positions that other laws require to file; and local executives, deputy and assistant executives and local council members as the NACC designates. Spouse includes a person living together as husband and wife without registering the marriage, under NACC criteria. The filing deadlines are in Section 105.

Accounts are filed with supporting evidence that the assets and liabilities exist and evidence of personal income tax for the previous tax year, and must include assets and liabilities abroad and assets held for the filer by another person. The NACC sets the procedure, and the filing period must be not less than sixty days. Political office holders (Section 102(1)), Constitutional Court judges, independent-organ office holders and the designated local office holders file on taking office and on leaving it. The other listed categories and positions the NACC designates file on taking office, on ceasing to be a state official, and every three years while they remain a state official. For the group (1) office holders, a person who leaves a position and takes up the same or a new position within one month need not file again, though may do so as evidence. Separately, a person who moves directly into another post that also requires filing need not file anew.

For public participation in scrutinising assets, the NACC must publicly disclose the asset-and-liability accounts, locations of immovable property and supporting documents of the Prime Minister, ministers, members of the House of Representatives and senators, and of Constitutional Court judges, independent-organ office holders, senior position holders and designated local office holders, including those of their spouse and minor children, as soon as possible and not later than thirty days after the filing deadline. Disclosure must omit registration details, photographs of assets and unnecessary personal data. Under Section 111 the NACC also discloses the result of its verification, stating whether anything is unusual.

Once the NACC finds a political office holder, Constitutional Court judge or independent-organ office holder unusually wealthy, the Attorney General must petition the Supreme Court's Criminal Division for Persons Holding Political Positions to have the assets fall to the State within ninety days of receiving the matter from the NACC. In forfeiture proceedings the accused bears the burden of showing the court that the assets did not arise from unusual wealth, and the proceedings are exempt from court fees. Section 117 puts a duty on an accused notified of an unusual-wealth allegation to prove or show the source of income or assets. Section 122 applies the same process to other state officials through the Corruption and Misconduct Criminal Court.

Where the NACC considers a case warrants it, it provides protection and assistance to accusers, injured parties, petitioners, witnesses and persons who report tips or information, applying the witness-protection law in criminal cases with the necessary changes and treating the Minister's powers under that law as NACC powers. The person must consent first. A protected person who — or whose spouse, ascendants, descendants or close person — is harmed by an intentional criminal act arising from the report or testimony may apply to the NACC for compensation. Where the person is a state official whose assistance is of great benefit, the NACC may propose to the Cabinet a special salary increment and advancement in rank. Section 132 (as amended by Act No. 2 B.E. 2568 (2025)) gives good-faith informants immunity from civil, criminal and disciplinary liability for what they report.

A person required to file an account of assets and liabilities (as designated by the NACC under Section 28(3)), a commissioner under Section 42, or an NACC officer under Section 158, who wilfully fails to file the account and supporting documents within the filing period set by the NACC under Section 105 (not less than sixty days), or wilfully files an account with false statements or conceals facts that should have been disclosed, and in circumstances showing an intent not to show the source of the assets or liabilities, is liable to imprisonment not exceeding six months, or a fine not exceeding ten thousand baht, or both.

A state official (เจ้าพนักงานของรัฐ, the broad category that includes political office holders, Constitutional Court judges, independent-organ office holders and NACC members) who, in a position or duty or by exercising power in it, acts or omits to act wrongfully so as to cause damage to anyone, or acts or omits to act dishonestly, is liable to imprisonment from one year to ten years, or a fine from twenty thousand baht to two hundred thousand baht, or both.

A state official, foreign public official or official of an international organisation who demands, receives or agrees to receive property or any other benefit for themselves or another, wrongfully, in order to do or not do something in their position, whether or not the act is within their duty, is liable to imprisonment from five years to twenty years or life imprisonment, and a fine from one hundred thousand baht to four hundred thousand baht.

A person who gives, asks to give or promises to give property or any other benefit to a state official, foreign public official or international-organisation official to induce them to act, not act or delay an act contrary to their duty is liable to imprisonment not exceeding five years, or a fine not exceeding one hundred thousand baht, or both. If the offender is connected with a juristic person and acts for its benefit, and the juristic person has no appropriate internal controls to prevent the offence, the juristic person itself commits the offence and is liable to a fine of one to two times the damage caused or the benefit obtained. This covers juristic persons established under Thai law and foreign juristic persons that carry on business in Thailand. Section 140 extends Sections 172 to 177 to acts committed outside the Kingdom by, or against, a Thai national or state official.