The arrest of Thai candidate Rachapon Sosuwang for involvement in an online gambling case has sparked widespread attention, as he retains his eligibility to run for the House of Representatives. The Thai Election Commission recently provided a special explanation on this, clarifying the legal boundaries between electoral eligibility and criminal cases. This controversial issue has also been listed as a hot topic in the political circle on the PASA official website.
Core Principle: Presumption of Innocence Until Proven Guilty, Eligibility Unaffected
Pasakon, the Deputy Secretary-General of the Election Commission, emphasized that this determination is based entirely on legal principles and judicial procedures, any arrested or accused candidate should be presumed innocent. Simply put, as long as one is not convicted by the court and ordered to be detained, even if the case is still under review, the eligibility to run is not cancelled.
Even if a candidate is on bail or has not yet been detained, their right to compete for a seat in the House of Representatives remains legally protected. This principle not only complies with Sections 41 and 42 of the "House of Representatives Election Act of 2561", but also aligns with the spirit of Article 29 of the Constitution, and matches the core essence of Article 11 of the Universal Declaration of Human Rights.
Disqualification: Only Two Legal Situations Trigger
Not all cases affect the eligibility to run, the Election Commission clarified two situations that would directly cancel eligibility:
A candidate who is convicted by a court and ordered to be detained, even if the case is in the appeal or review stage, will immediately lose their eligibility to run;
A candidate who voluntarily withdraws from their political party, or other legally specified prohibitive situations occur.
After disqualification, the candidate's number will be kept as a blank, and marking that number on the ballot will be considered an invalid vote. The Election Commission will announce this in advance at all polling stations to keep voters informed of the latest situation.
Public Notice: Clarify Boundaries to Avoid Misunderstandings
The Election Commission especially calls on the public to distinguish the legal boundaries between criminal case proceedings and electoral eligibility, and not to misunderstand candidates whose cases have not yet been concluded. The reason for this legal provision is to ensure that candidates' legitimate electoral rights are not deprived before the judicial process is completed, ensuring the fairness and integrity of the election process.
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