Subject 5 : Offense cases professional ethics and disciplinary cases. (English Version)

Subject 5
Offense cases professional ethics and disciplinary cases.

                                                                        

     Accordance with the Code of the Federation of Architects Architectural Act 2545 when considering the details of the case by focusing on elements of offense and 4 categories of Ethics of the content, be found that the actions of the professional practice of architecture that unethical connected to different formats include the following.

1. Unethical actions of the public.
     These offenses are listed in the contents section at a public ethics. If an offense under this category based on the content of the regulations set forth broad. Because of the actions that conflict with this Act and Architects Act 2543 provisions relating to legal professional practice is considered unethical total. However, when considered in the overall. If these offenses are divided into three main issues.

1) First issue : All professionals serving customers on professional practice to licensed professionals as legitimate. As well as comply with strict Architects Act.
2) Second issue : If professional design houses working landscape design urban planning. And decoration of any building. The conflict with the Building Control Act, requirements related to the design Or professional practice in ways that cause damage to the public will be considered unethical profession as well.
3) the third issue : Of any action against the country both in terms of administrative law, criminal and civil liability. Constitutes an ethical offense, too.

     Examples of offenses that occurred in the Division of Ethics of the public often does not comply with such laws in cases such as architects, building supervisors and is not a building by applying for permits to the public. Of the offense may be punished since Admonition admonition to the suspension of a license with the intent and effect of the action.

2. Violations of professional ethics.
     These offenses are listed in Chapter 2, the content of professional ethics. Was found guilty of ethics cases are based on content category. Practitioners must include the basic honesty, and do not act on any . Which may be used which is detrimental to the dignity of professional  d. Including the need to work at the   been made of unit commitment and vigor in accordance with standard practice.  with honesty and integrity. Also includes the professional must not allow his name to the ad. Public relations or direct to consumer and social trust to use our products related to the architecture of their profession, this usually includes construction houses in the market.

     Examples of offenses that occurred in this category often include architect acts of dishonesty on their own. Customers and the public in various cases, and cause a bad profession. And one case was found as well is the company owns a building materials and products to a qualified professional architectural images, or interviews to the press release of the media, whether intentionally or not. Which may guide the consumer to understand that architecture is a certified product or products. Some architects may be made or if he is the Presenter of the products that it is likely of the offense punished in this case may be since Admonish counsel Probation to suspension of a license depends on the intent and documents is an important part.

3. Unethical action against the employer (client).
     This fault appears in the content category 3 to the employer or client code. Mistake was found guilty of ethics cases are based on content category. The professional performance by the lack of professional responsibility to provide the standard of work and standards of their profession. For example, work was abandoned halfway. And the work of the architect has both quantitative and qualitative deficiencies. Lack of job content, which would be made and did not meet professional standards set by their professional bodies.

     Examples of offenses that occurred in the Division of Ethics of the employer usually are. The architects Bidpoeigy not working agreements made with customers. Or failing to complete work according to professional standards, to deceive customers to believe that they have knowledge. Capabilities they can not be done. The majority of the penalty offense to start the license suspension ranging from 1 year to 5 years with the spirit and reason of the breach.

4. Offenses against the joint professional ethics.
     Mistake was found guilty of ethics cases under this category often include content. Competition for customers from abuse, such as the reduced values compete. Send the car to show off their knowledge of their own. Architect, or even slander others etc.

     Examples of offenses that occurred in the Division of Ethics of the profession often are associated. Reduce the competitive model. Or undercut the cost of other architects to make their jobs as a main. Forgive the sins of the majority will begin at Admonition admonition to suspension of license.

     When the architect or professional architectural control allegedly committed by professional ethics, whether any case. Architects such people will be investigated and punished by the powers and procedures set forth in Architect Act, BE 2543 and Architect Council regulation on the license suspension and revocation of professional Architectural Control Act 2544, respectively.

     Investigation guilty about professional ethics architecture Will start from the victim (the accused), who have been adversely directly from the actions of professionals such people, or witness the actions connected to the alleged unethical professional practitioner is a document which contains details of the regulations set forth as follows : first name, last name, address(charger) / Allegation / Date and time of the event found / location of accident / the purpose of impeachment and signature of the accused, and the document is submitted to the Secretariat of the architect Shall be submitted to the Committee on Ethics. Architect Council to consider and decide the next. In addition, the Secretariat of the Council of Architects by Architects. The accused shall have the power and check if any one architect who made themselves be unethical. However, in Section 51 of the Architects Act, BE 2543. Stated that Rights from any blame. Matter would end within a year when it is damaged. Or the accused informed and aware of the breach of professional ethics of the accused. Conditions when it is a focal point for the Preparation of documents and the accused and accused the ruling in case of professional ethics offenses under Section 61 in Architects Act 2543 totaled 5 features were as follows.

1) raised the allegations.
     When sub committee on the screen. The committee members. Architect Council to review the documents allege. And the initial diagnosis and found that the architects who have been accused of unfounded guilt Not applicable or unethical actions. Sub-committee will summarize the proposed diagnostic committee members decided to cancel the decision or less claim to the accused not guilty, as with the dismissal of the case generally in our home.

2) counsel
     When committee members. Architects Council of any ethics investigation to consider the opinion that the alleged errors of professional fault or place of first light, the council architect by committee members may consider that punishment in the place of professional light by a notice to warn people who are professionals in writing so that practices such as that.

3) probate
     When committee members that the wrong decision, then the allegations of professional fault location center. The council architect by committee members to a letter of probate professionals offender under a time limit to probate, the history recorded in the register of members and shall follow the professional offense again.

4) a temporary license suspension.
     When committee members and the referee decided that the alleged offenses under the architect's fault severity level. Board of Directors has authorized architect convicted criminals with a license suspension is temporary, but for a period not exceeding five years. Board of Directors has authorized architect convicted criminals with a license suspension is temporary, but for a period not exceeding five years.Between The license suspension architects who will be brought back licenses and professional architects, the Council specified period. And nor professional, or identification as a professional architect or architecture that no other case of any violation if it is an offense under Section 63 of Architects Act, BE 2543. With severe penalties to be no more than three years imprisonment to a fine not exceeding 60,000 baht, or both.

5) revocation of license.
     This is the most serious offense under the law, professional regulations. Architect was diagnosed when the judge revoked the license will not be able to architectural profession within five years from receiving final decision. It then will be eligible to apply for a license again according to the procedures and regulations of the Council of Architects. However, the license is revoked license must be returned to the Federation of professional architects soon, and reject them if it violates Allah Contact bugs and professional without a license. In the same Act are penalties and fines and imprisonment to such other as well.

     In addition to these penalties. Committee members. Architect Council has way more cases diagnosed in the case of architects who have been accused of offenses at the same time, in many cases as well. The committee members will consider the issue of separate offenses, as each case to that Architects who committed such an ethics what. In each case, a penalty much. Committee members on the offense and complete in all counts. Penalties will apply for each case together and then decide the final penalties again as judge of the common law. However, after the architect who was the penalty that the accused is guilty as alleged then, law also accused the right to appeal according to the diagnostic process into it again within 30 days after receiving notification of the decision in writing from the Council of Architects.