Legal Experts Clarify: Officials Must Step Down After Court Accepts Case, Yet Senate Votes to Approve Praphat Kongkiad for NACC Position

Legal experts are raising questions about a provision requiring officials to suspend duties once a court accepts a case against them. On May 16, alternate senator Akkarawat Pongdhanachilikul submitted a letter to the House Legal Affairs Committee regarding Praphat Kongkiad, who was approved by the Senate with 173 votes to 6 to serve as a National Anti-Corruption Commissioner (NACC). However, Kongkiad is currently facing criminal charges in the Appeals Court related to his role in selecting contractors for the Orange Line MRT project (Bang Khun Non-Buri section).

The case originated before his NACC appointment on January 30, 2025. Kongkiad serves as defendant number 5 in the case. Akkarawat expressed concern that Kongkiad allegedly had pending criminal charges, yet the Senate selection process allowed him through. He questioned whether Kongkiad deliberately concealed the charges to secure the position.

Upon reviewing the NACC Act, journalists discovered Section 81 states that when a court accepts a case against someone in a political position, the accused must suspend duties until a judgment is rendered, unless the court orders otherwise. This provision is further supported by a Civil Service Commission circular dated October 18, 2024, which states that when a court accepts a case against a civil servant, their supervisor must immediately order them to suspend duties to align with the Act's intent.

In Kongkiad's case, the court accepted the charges on September 4, 2024, meaning he should have suspended duties immediately. However, the Senate approved his NACC appointment on January 20, 2025, creating a legal contradiction.