Two prominent legal figures have voiced concern over former prime minister Thaksin Shinawatra’s latest request for a royal pardon, warning that it not only falls outside the scope of the law but could also expose the justice minister to criminal liability.
Chao Meekhuad, a lawyer and former Democrat Party deputy spokesman, wrote on Facebook on Tuesday that Thaksin’s move to petition for a second individual pardon raises serious legal questions.
He noted that Thaksin had already been granted royal clemency, which reduced his eight-year prison sentence to one year. That reduction, he said, was the result of a royal command rather than the original court ruling.
Under Section 259 of the Criminal Procedure Code, only those “sentenced by final judgement” may apply for a pardon, Mr Chao said, adding that since Thaksin’s penalty has already been transformed by royal grace, it no longer constitutes a court-imposed sentence.
Filing again, therefore, risks falling outside the law, he said.
Mr Chao also cited Section 261 of the same law, which requires the justice minister to give an advisory opinion on any pardon submission.
If the minister forwards Thaksin’s request despite knowing it contradicts legal criteria, he warned, the act could be deemed an abuse of authority in violation of Section 157 of the Criminal Code.
“Pardons exist for those who show genuine remorse, not as a passport for repeat offenders who refuse to respect the court’s verdict,” Mr Chao said.
Senior prosecutor Poramet Intarachumnum echoed the concern. He said Section 264 of the Criminal Procedure Code clearly prohibits filing a new pardon petition within two years if a previous request has already been rejected or granted, except in death penalty cases.