ความเหมาะสมของโทษประหารชีวิตในพระราชบัญญัติยาเสพติดให้โทษ พ.ศ.2522: กรณีศึกษาการค้าเมทแอมเฟตามีน

Abstract

The methamphetamine trafficking causes many serious problems such as social, economic and health problems in Thailand. The problem of methamphetamine trafficking has been addressed by the Thai government through imposition of harsh penalty such as life imprisonment and even death to prevent methamphetamine trafficking. Those who convicted to methamphetamine trafficking will face death penalty even in a small amount in which it was considered inappropriate to the offense and that could not stop methamphetamine trafficking. Therefore using harsh penalty alone cannot stop the methamphetamine trafficking. It requires other measures to stop methamphetamine trafficking.

This research study was aimed to compare narcotics law in other countries and to analyze the appropriate penalties used for methamphetamine trafficking in order to impose an appropriate penalty for methamphetamine trafficking on Narcotics Act B.E.2522 (A.D.1979) in Thailand. The objective of this study is to find appropriate criteria to determine the penalty    for methamphetamine trafficking in order to improve Narcotics Act of B.E.2522 (A.D.1979) in Thailand.

The study was found that the appropriate criteria that will be used to determine the appropriate penalties for those who has done methamphetamine trafficking is the weight of pure methamphetamine. In the initial period, there should be the determination of death penalty for those who have done trafficking in weight at least 100 grams or more. Moreover, there should be various penalties rather than only death penalty in order to let the court use their discretion to decide the appropriate sentence for leading traders, small traders, ringleader, and non – ringleader.

When appropriate it should abandon the death penalty in the drug offence because this case it not the most serious crime according to International Covenant on Civil and Political Rights. In addition to the penalty, prevention of methamphetamine trafficking should be effectively implemented. Other measures should be used, such as a seriously law enforcement, decriminalization of drugs, the value-based confiscation.