
The National Anti-Corruption Commission (NACC) ruled that Samak and Noppadon had intentionally bypassed the Parliament when entering into a memorandum of understanding with Cambodia last year over the listing of the ancient Khmer ruins with Unesco's World Heritage Committee.
The NACC found grounds to believe that the duo were responsible for backing Cambodia's efforts, the agency's spokesman Klanarong Chantik said.
It was agreed the NACC would refer the case to the Office of the Attorney-General, before it is moved to the Supreme Court's Criminal Division for Political Office Holders for further legal action, he said.
The commissioners resolved not to indict other members of the Cabinet who were part of the meeting when the resolution was reached, because they were only informed of the move during the meeting and they had not "intentionally" committed the offence, Klanarong said.
The NACC has also cleared six bureaucrats who were previously accused in the case. A total of 44 people were named as the accused in the petition filed with the NACC.
Under Article 190 of the Constitution, the government is obliged to seek the Parliament's approval on the framework to negotiate any international agreement when it has ramifications with regard to borders. Based on the Constitution Court's ruling last year, Samak's government failed to comply with Article 190 and Noppadon was disqualified from his position as Foreign Minister.