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Anti-Corruption Act Section 119 — Forfeiture of unusually acquired assets: Attorney General's petition and burden of proof
Organic Act on Counter Corruption (พระราชบัญญัติประกอบรัฐธรรมนูญว่าด้วยการป้องกันและปราบปรามการทุจริต) — Section 119.
Plain-English Summary
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.
Official Text
Official Thai text at the Royal Gazette / Office of the Council of State. Translation summary only.
Consult official sourceParent Statute
Organic Act on Counter Corruption
พระราชบัญญัติประกอบรัฐธรรมนูญว่าด้วยการป้องกันและปราบปรามการทุจริต · B.E. 2561 (2018)
The Organic Act on Counter Corruption B.E. 2561 (2018) is the organic law that governs the structure, powers and procedures of the National Anti-Corruption Commission (NACC): its nine-member composition and qualifications, its powers to investigate state officials and political office holders, the duty of designated officials to file accounts of assets and liabilities, the unusual-wealth procedure under which assets can be forfeited to the State by court order, and the offences and penalties for corruption in office and bribery, including bribery of foreign and international officials. It re-enacts the organic law and replaced the Organic Act on Counter Corruption B.E. 2542 (1999); the NACC investigates and refers cases to the Attorney General for prosecution.
The summary above is a plain-English educational paraphrase of Section 119 of the Organic Act on Counter Corruption. It is not an authoritative translation. For the binding Thai text, consult the Royal Gazette or the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
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