Page:พรบ ทรมานและสูญหาย ๒๕๖๕.pdf/11

 Anyone who finds or learns of an act of torture, cruel, inhuman, or degrading treatment, or enforced disappearance shall make a notification to an administrative official, a public prosecutor, an inquiry official, the Commission, or an authorised sub-commission without delay.

The notifier under paragraph 1, if having acted in good faith, incurs no liability, whether civil, criminal, or disciplinary, even though it later appears that there is no such offence as that notified.

The limitation governing the offence under section 7 shall not commence until the fate of the person subjected to the enforced disappearance is known.

In Bangkok and other provinces, the senior administrative officials, the administrative officials ranking as from district clerks or equivalents who are under the Department of Provincial Administration, Ministry of Interior, the special case investigators, and the public prosecutors shall, apart from the inquiry officials under the Criminal Procedure Code, be the inquiry officials with the power to conduct inquiries and take responsibilities in accordance with the Criminal Procedure Code and to prosecute the offences under this Act and other connected offences.

In the event where a special case investigator inquires into a case of any offence under this Act, that case shall become a special case according to the law on investigation of special cases.

In the event that an inquiry is conducted by any other agency than a public prosecutor, the responsible inquiry official shall notify the public prosecutor of the causes of the case so that [the public prosecutor] would examine or supervise the inquiry instantly.

In the event where it is uncertain as to the inquiry official of which area or which agency should be the responsible inquiry official, the Attorney-General or the person acting on his behalf shall give a verdict.

In the event that an offender under this Act is a state authority according to the organic law on anti-corruption and is subject to the duties and powers of the National Anti-Corruption Commission, the responsible inquiry official shall proceed with the case in accordance with this Act and notify the National Anti-Corruption Commission thereof.

The agencies having the power to conduct inquiries and investigations into cases of the offences under this Act shall continuously report the developments in the cases to the injured persons, and the Commission,