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Charging Around

The tension was rising in the investigation room of Dusit Police Station.

‘So, Khun Thammanoon, you want to file charges under Article 116 of the Criminal Code.’

‘Yes, sir.’

‘And you are accusing this, er, Boonlert Kaewprasit.  Who is this Boonlert and what has he done?’

‘It’s General Boonlert, and he’s ...’

‘A general?’

A sub-lieutenant suddenly takes an interest in the conversation and starts looking for yesterday’s paper.

‘Yes, sir, a general.  He has called for a military coup to overthrow the government and is organizing a rally for this purpose.’

‘But that’s what generals do, stage coups.  You can’t bring charges against them.  It’s not like it’s illegal or anything,’

‘But it is illegal, sir.  Article 116 says ...’ (he takes a pocket book version of the Criminal Code from his bag and reads aloud) ‘... “Whoever makes an appearance to the public by words, writings or any other means ... to bring about a change in the Laws of the Country or the Government by the use of force or violence ...” and a coup is a use of force, sir,  “... shall be punished with imprisonment not exceeding seven years”.’

‘OK, OK, let’s say, just for the sake of argument, that it might be illegal.  But that’s our responsibility.  And the Public Prosecutor’s.  It’s not your job to bring charges.’

‘With all due respect, it is my job, sir.  Article 116 is the part of the Criminal Code dealing with National Security.  Anyone can file charges under those articles.  Like Article 112.’

‘Oh for heaven’s sake, don’t mention that blessed Article.  We’ve had more than enough trouble with that.’

The sub-lieutenant has been trying to attract his superior’s attention.

‘What is it?  Can’t you see I’m busy?’

‘Sir, you may want to look at this photo in Thai Rath.’

‘Where?’

‘That one, sir, the one in the pink tie.’

‘Oh my giddy aunt.  That’s Loem he’s eating with.  What’s that racket?’

A harried figure bursts into the investigation room.  It is a representative hotfoot from the Attorney-General’s Office.

‘Is that Thammanoon in here?’

‘This is him.  What’s he done?’

‘Only filed a request for us to investigate General Boonlert and submit a motion to the Constitutional Court to stop his rally.’

‘Stop his rally?  Why?’

‘Section 67 of the Constitution.’

The investigating officer tries to look knowledgeable. 

‘Section 67?  Yes, of course.  Er, sub-lieutenant, would we happen to have a copy of the Constitution handy?’

The Attorney-General’s man steps in.

‘Section 67 says no one can overthrow the democratic form of government.’

‘Oh.  And a coup, er, ...’

‘… would overthrow the democratically elected government we now have.  So anyone can petition our office.  At least this one’s had the decency to go to us first and not gone straight to the Constitutional Court.’

‘Oh, well, in that case, I think we can leave this in your hands.  No need for the police to get involved.’

Mr Thammanoon interjects.

‘I’m sorry, sir, but Section 67 of the Constitution says ...’ (he pulls another handbook from his bag) ‘... “without prejudice to the institution of criminal action against such person”.  He can still be charged with a crime.’

‘Oh.  Er, well, perhaps ... Who’s making that noise?  This is supposed to be a Police Station, not a ...’

A police officer enters in a state of some agitation.

‘Who are you?  You don’t work here.’

‘No, I’m from Nang Lerng.  Have you got someone here called Thammanoon?’

‘What do you want him for?’

‘Well he’s just been to our station and the idiot Captain accepted a complaint against the Deputy Prime Minister, Chief of Police and I don’t know who else.’

‘On what charge?’

‘Well it’s all from that cozy lunchtime chat they had at the Royal Turf Club.  He says that since Gen Boonlert had called for a coup, then they all had the responsibility to defend the democratic form of government ...’

‘Under Section 69 of the Constitution, which states ...’

‘Take that book away from him.  He’s a danger to society with that thing.’

‘And since none of them did anything then they all face charges under Article 157 of the Criminal Code.’

Mr Thammanoon has had his Constitution take away from him, but he can still read from his Criminal Code.

‘ “Whoever, being an official, wrongfully exercises or does not exercise any of his functions ... shall be punished with imprisonment of one to ten years or fined two thousand to twenty thousand Baht, or both.”  They gave General Boonlert a nice lunch and told him to go ahead with his anti-constitutional rally.’

The officials gather round Mr Thammanoon.

‘So what are we going to do with him?’

‘I’ve got an idea.  Remember those lads from Kalasin?  Just got paid 100,000 baht for getting rid of that kid in the war on drugs?  I wonder how much they’d want for another job.’

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