With order no.3/2558,the National Council for Peace and
Order
(NCPO) defined the scope and extent of Section 44,under
the
interim constitution 2014,on Wednesday.The main purpose
is to spread nation development and not to violate
rights.
The different between Section 44 and the martial law.
1.Under section 44,the authority to promote peaceful
official is under the chief of NCPO or Gen Prayuth Chan-
o-cha. But in martial law the authority is upto military
district commanding officer.
2.Under Section 44,peaceful official has power over 4
guilty
Such as :
2.1 Guilty yo royal institution according to article
107-112
in the criminal code.
2.2 Guilty to the stability of nation according to article
113-118.
2.3 Guilty of law from weapons ,bullet and explosive
which
only use for the war.
2.4 Guilty from over rule ,the rule order or the power
of the
NCPO.
In martial law the case under it must judge by the
military court.
3.Under Section 44, peaceful official has a power to
seize
violent person.
And in martial law ,the military officer have more power
than
civilian officer in the martial law area.
4.Under Section 44, the official has a power to prohibit
presenting
news,sell or distribute press or other printing media.
In matial law it is also the same.
5.Under Section 44,the officer can not control prisioner
over
7 days in other place
,but not in police station,correctional
institution and prision.
In martial can not control over 7 days too ,but does not
fix the place.
6.Under Section 44,people over rule may be in prision
not
over one year or fine not over 20,000 baht or both.
In martial law there is no cleary rule.
7.Under Section 44,if there is accused person,the
official
can be dissolute the suspect by providing a condition or
not,
the conditionis such as prohibit to go abord.
In martial law there is no rule for safety if the
suspect is
dissolute.
8.Under Section 44,there is a prohibit for political
rally
over 5 presons ,if over the rule will be in prision but
not over 6 months or fine not over 10,000 baht or both.
In martial law there is prohibit for political rally
too.
9.Under Section 44,political rally over rule can willing
to train from the official in not more than 7 days and
will release under a condition or not and the case end.
In martial ,there is no way to only train and free from
guilty.
10.Under Section 44,authority to use power is under the
decision of chief of NCPO are not under the
Administrative Court so
can not recriminate the official,
but can prosecution claim at
the Civil Court Ministry of Justice.
In martial law can not recriminate to soldier officers
because
they do for the nation ,religion and for the King.
The martial law lifting lead to normal situation,
military court
will be in 3 court,the first instante judge advocate,
the
medium judge advocate, and the supreme court.
So the case in military court
before
and lifting military law will be judge in 3 courts
different
from martial law that the case will be under only the
first
judge advocate.
Gen Prayuth said that he excerise Section44,to tackle
corruption and
ensure transparency in government project
such as transport authorities and their equipment ,and
to
accelerate the
allcotion of land to the poor to make their
living.He intend
to use his power in correct and best possible
way to put
national interest before his own.
In my viewpoint,under Section44 :
1.Authority and power are classify clearly into each
point so it is
easy to follow the rule and do not depend on the
judgement.
2.Prohibit about news,media,press are the same so it
depend
on how the reporter act and the government judge.
3.There are reasons that Section 44, are more good than
martial
law in the area of :
3.1 Although the decision of the chief of NCPO or Gen
Prayuth
are protected and can not recriminate but the law still
open
the right to prosecution claim at the Civil Court
Ministry of
Justice meanwhile under martial law the judgment will end
and it can not recriminate the military junta.
3.2The case under Section 44,will send to the 3 military
courts
which I think the decision must be carefully decision
than one
court.
3.3 The business sector prefer Section 44 more than
martial law,
especially tourism because foreign tourists are afraid of
martial law.
4.The major worry of opinion about Section 44 is about
“ absolute authority brings absolute risks”
Which this point I believe that although Gen Prayuth is
the only
person who make the decision but before the decision is
made
their must be a process of getting the ideas from
accessory before.
In the situation under coup,there is no choices,we must
believe
in him that he intend to do the best for Thailand and
let him lead.
Under Section44, will make more national growth to
Thailand
And the economic
or not depend on how we communicate
with the citizens
and the foreign country to understand
the situation.
Hope Gen Prayuth can lead well and make the right
decision to
make more national growth.
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