Constitutional Court Holds Presumption of Director/Manager Guilt in conflict with Constitution

The Thai Constitutional Court has recently ruled that a presumption of director or manager guilt as provided in Thailand's Direct Sale and Direct Marketing Act (DSDM Act) conflicts with the protections afforded to individuals under the Thai Constitution.

The ruling effectively switches the burden of proof onto the prosecuting authorities to establish involvement by directors and managers in any wrongdoing of the underlying entity found to be in violation of the DSDM Act.  The court's ruling has implications for other Thai laws that include similar presumptions of guilt.

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