The Domino Effect: How One MP’s Lèse-Majesté Conviction Puts Her Entire Party on the Path to Dissolution

“Her 6-year prison sentence isn’t just her personal downfall—it’s the legal evidence that could trigger the dissolution of her entire party and a 10-year political ban for its leaders.”

Currently, a Member of Parliament (MP) is in the process of fighting a significant criminal case involving a violation of Section 112 of the Criminal Code, also known as the “lèse-majesté law.”

This issue is critically important because the Court of First Instance (the lower court) has already delivered a judgment finding the MP guilty. The conviction stems from posting and forwarding (retweeting) messages that were deemed to violate the law. The court sentenced the MP to 6 years in prison without suspension (meaning the sentence must be served).

Why is the MP Still Able to Perform Their Duties?

The reason this MP has not yet been imprisoned and has not been removed from their position is that the legal process is not yet final.

1. Filing an Appeal: The defendant has exercised their legal right to file an “appeal” (to contest the case in the second-level court).
2. Bail Granted: The court has permitted “temporary release” (or bail) while the appeal is being considered.

As long as the case is not final and the MP is not “detained by a court warrant,” their status as an MP remains intact.

The Situation If the Appeals are Lost

The political future of this MP depends entirely on the rulings of the higher courts:

1. If the Case is Lost at the Appeal Court:

• If the Appeal Court upholds the lower court’s ruling (i.e., confirms the prison sentence) and “denies bail” for a further appeal, the MP must be imprisoned immediately.
• Consequence: Their MP status will “terminate immediately.” This is because the Constitution includes a disqualifying characteristic for MPs: they must not be “detained by a court warrant.”

2. If the Case is Lost at the Supreme Court (Highest Court):

• When the Supreme Court issues its ruling, the case is considered “final.” It cannot be contested in any other court.
• Consequence (1): The 6-year prison sentence must be served.
• Consequence (2): MP status “terminates immediately” and automatically. The Constitution dictates that an MP must be removed from office upon “a final judgment of imprisonment.”
• Consequence (3): After serving the sentence, the individual will be “banned from politics,” meaning they cannot run for election as an MP for another 10 years.

How Can the MP’s Case Affect the Political Party?

This issue is complex and requires a distinction. An MP being sentenced to prison is a matter of personal liability; it does not automatically cause the party to be dissolved.

However, the concern for the MP’s affiliated political party stems from its policies that are being questioned by society. These include proposals to amend laws related to the monarchy or pushing policies that could be interpreted as diminishing the importance of the institution.

Therefore, a “final judgment” finding the party’s MP guilty under Section 112 could be used as “key evidence” in filing a new, separate case against the political party itself.

The Process of Party Dissolution

1. The Petitioner: A complaint may be filed with the Election Commission (EC).
2. The Allegation: The petitioner would argue that the MP’s actions (now confirmed as guilty by a final court judgment), combined with the party’s “policies,” demonstrate that the political party has committed acts that are “hostile” or “aim to overthrow” the democratic regime of government with the King as Head of State (under Section 92 of the Organic Act on Political Parties).
3. The Deciding Court: If the EC agrees with the complaint, it will refer the matter to the “Constitutional Court” for a ruling (this is a different court from the one handling the MP’s criminal case).

If the Constitutional Court Rules the “Party is Guilty”

If the Constitutional Court finds that the party’s conduct is indeed “hostile” to the system of government, the consequences will be severe:

1. Party Dissolution: The political party will be dissolved immediately.
2. Revocation of Political Rights: The entire “Party Executive Committee” (e.g., the party leader, secretary-general) will be banned from politics and any political activity for 10 years.

Conclusion

In summary, the MP’s personal future depends on the outcome of their appeals, where there is a high risk of imprisonment and the end of their political career.

Meanwhile, the MP’s parent political party is also at risk. The MP’s case could be used as critical evidence to initiate a “party dissolution” case in the Constitutional Court, should it be proven that the party’s policies and actions are hostile to the democratic regime of government with the King as Head of State.

The Key Takeaways;

Regarding the MP’s Legal Case (Section 112)

• Current Status: The MP was found guilty by the Court of First Instance and sentenced to 6 years in prison. However, they remain an MP and are not in jail because they are appealing the case and have been granted bail (temporary release).
• The Importance of Bail: The MP’s status is secure only as long as the case is not final and they are not “detained by a court warrant.”
• If the Appeal Fails (at the Appeal Court): If the Appeal Court upholds the 6-year sentence, the critical moment is the bail request. If bail is denied, the MP will be imprisoned and immediately lose their MP status.
• If the Final Appeal Fails (at the Supreme Court): This is the end of the legal road. The case becomes “final.”

1. Imprisonment: The MP must serve the prison sentence.
2. Loss of MP Status: They automatically and immediately lose their position as an MP.
3. Political Ban: After serving their sentence, they will be banned from running for political office for an additional 10 years.

Regarding the Political Party

• No Automatic Dissolution: The MP’s conviction is a “personal liability.” It does not automatically trigger the dissolution of their political party.
• A Separate Threat: The MP’s final conviction can be used as key evidence in a new, separate case filed with the Constitutional Court (not the criminal court).
• Grounds for Dissolution: This new case would argue that the MP’s actions, combined with the party’s official policies (e.g., proposals to amend laws related to the monarchy), prove the party is “hostile” or “aims to overthrow” the democratic regime with the King as Head of State.
• If the Party is Found Guilty: If the Constitutional Court agrees, it will:

1. Order the dissolution of the party.
2. Impose a 10-year political ban on the party’s entire executive committee.