The consideration of the Supreme Court and the Supreme Court’s Criminal Division for Persons Holding Political Positions shall be based upon the inquiry file of the National Anti-Corruption Commission, and in the interest of justice, the Court shall have the powers to conduct an inquiry to obtain additional facts and evidence.
This section shall apply mutatis mutandis to the persons under section 234 (3) who intentionally fails to submit an account showing assets and liabilities or intentionally submit the same with false statements or conceals facts which should be disclosed, and is involved in circumstances where it could be reasonably believed that the person has intentionally not disclosed the source of the assets or liabilities mutatis mutandis.
Section 236. Members of the House of Representatives, Senators, or members of both Houses of Representatives and Senate comprising not less than one-fifth of the total number of theexisting membersof both Housesor personshaving the right to votecomprising not fewer than twenty thousand persons shall have the rights to lodge with the President of the National Assembly a petition with reasonable evidence that any of the National Anti-Corruption Commissioners has committed an act under section 234 (1). In case the President of the National Assembly is of the opinion that there are reasonable grounds to suspect that there has been an act as accused, the President of the National Assembly shall refer the matter to the President of the Supreme Court to appoint a panel of independent inquisitors from persons with political impartiality and evident integrity for conducting a fact-finding inquiry.
The qualifications, prohibitions, duties and powers, procedure of the inquiry, period of time for the inquiry and other necessary proceeding of the panel of independent inquisitors shall be as provided by law.
Section 237. When the inquiry is completed, the panel of independent inquisitors shall proceed as follows:
- (1) if it is of the opinion that the accusation has no prima facie case, the accusation shall be lapsed, and such order shall be final;
- (2) if it is of the opinion that the accused has seriously contravened or failed to comply with the ethical standards, the matter shall be referred to the Supreme Court for decision and the provisions of section 235 paragraph three, paragraph four and paragraph six shall apply mutatis mutandis;
- (3) if it is of the opinion that the accused is involved in the circumstances as accused and it is not the case under (2), the inquiry file shall be sent to the Attorney-General for instituting prosecution in the Supreme Court’s Criminal Division for Persons Holding Political Positions, and the provisions of section 235 paragraph three, paragraph four and paragraph five shall apply mutatis mutandis.
