วันเสาร์ที่ 4 เมษายน พ.ศ. 2558

Section 44,with intention to make national growth!!


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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