Corruption Thailand

Corruption in Thailand?

The question is not if corruption exists in Thailand or not, because of course as every country in the world the answer is yes.  

The annual Corruption Perceptions Index (CPI) published this year by Transparency International ranked Thailand 104th among 180 countries surveyed.

At the same time, the National Anti-Corruption Commission has ranked Phuket as the least corrupt of the 77 provinces in Thailand after evaluating the transparency and integrity of government agencies, Phuket earned the top spot as well as the International Transparency Assessment guidelines ranking of double-A. 

So This article is going to understand what corruption means in Thailand.

Definition

Corruption is the act of giving or promising to give a benefit to a government official in return for something. The benefits given can include anything from money to jewels to entertainment. The benefit received can be an action taken by a government official, such as awarding a contract or official licence; or a purposeful failure to act

In 2015 amendments to the Organic Act on Counter Corruption (OACC), were added to the recipients of bribes, such as government officials, the bribe-givers whether private corporations or individuals.

Tentation is high for a “small corruption”, means a coffee or tea money to accelerate the procedure. Christmas and new year are approaching, and we remind of the administration policy of not allowing gifts to government officials for performing their duties except if the value not exceed 3,000 thb  per occasion, for the value of property/benefits, which can be given by one person

Who is liable?

More than the bribes receiver or givers themselves, a company is criminally liable for the corrupt activities of any “associated person” including employees, agents, consultants, subsidiaries, and any other party acting for the company.

It is important also to know that a company’s criminal liability would remain with the company, regardless of who the owners are. Shareholder or director and officer liability would not pass to the new owners, but the company’s liability would.

Sanction.

A company can be punished with a maximum fine of twice the actual damages or the benefits obtained through the corrupt activity.

A natural bribe-giver can be punished with a maximum prison term of five years, a THB 100,000 fine, or both.

The “prescription period” is ten years.

Our law office policy  is “no corruption” of any kind. We support the effort of the campaign no corruption from the government.

Article by;
Frederic Retif
Master in Business law, French Lawyer and Thai Legal Advisor.