Police Officer Abuse of Authority and Obstruction of Justice
of the Police Act states that Police Sergeant Manop and Police Corporal Somsak were police officers assigned to a police station and received orders from a patrol commander for motorcycle traffic while inspecting ten vehicles parked on the roadside. Three men, Mr. Phet, Mr. Thong, and Mr. Nak, were found in the vehicle, exhibiting suspicious behavior, prompting a search. Twenty-one (21) ecstasy pills were found in a bag on the back seat, and the men were taken to a house. Police Sergeant Manop stated that they would be released if they paid a chicken worth 20,000 baht each. If they could not obtain it, they would be charged with possession of ecstasy. He contacted the women via mobile phone, and Mrs. Porn, Mr. Phet’s wife, Mr. Thong’s wife, and Mr. Nak’s wife, raised 40,000 baht to pay a ransom and gave Mr. Thong and Mr. Nak 10,000 baht each. Mr. Phet was released without being prosecuted, while Mr. Thong and Mr. Nak were charged with possession of 258 ecstasy pills illegally. Police Sergeant Manop and Police Corporal Somsak took Mr. Thong and Mr. Nak, along with 2 pills of evidence, to the investigating officer to pursue charges as follows: Police Sergeant Manop, Police Corporal Somsak, Mrs. Porn, Mr. Phet, Mr. Thong, and Mr. Nak are accused of any or not?
Answer: Police Corporal Somsak is a police officer and a law enforcement officer. The law grants authority to police officers to arrest and suppress violations of the law and investigate, according to Section 2 (16) of the Criminal Procedure Code and Section 17 (1 point). The fact that Police Sergeant Manop and Police Corporal Somsak, having the authority to arrest and apprehend offenders, found a crime committed but did not arrest and refer the matter to the investigating officer, Mr. Phet, Mr. Thong, and Mr. Nak, who were interrogated and taken into custody at a house, and then demanded money from the suspects, contacting relatives to raise funds for themselves, without arresting Mr. Phet and neglecting to prosecute Mr. Thong and Mr. Nak, instead prosecuting them on a charge that carries no penalty, constitutes a dereliction of duty and corruption, according to the Penal Code Section 149, 83 (2 points). The failure to perform duties with corruption, according to the Criminal Procedure Code (1 point). The fact that Police Sergeant Manop and Police Corporal Somsak obtained 21 ecstasy pills from the suspects and misrepresented them to the investigating officer, concealing 198 pills, constitutes embezzlement, according to the Penal Code Section 147, 83 (2 points) and constitutes a dereliction of duty with corruption, according to the Criminal Procedure Code Section 157, 83 (1 point). The actions of Mrs. Porn, Mr. Phet, Mr. Thong, and Mr. Nak, who offered a bribe to a police officer, according to the Penal Code Section 144, because they provided inducement to Police Corporal Somsak not to perform the arrest or engage in improper conduct, by Police Sergeant Manop, without any action, lacks the elements of a crime (3 points).