LEGAL MEASURE OF OFFICER IN FICTITIOUS OPERATION OF LURING DRUG BUYING

Abstract

Abstract

This research aimed at examining of the legal measures pertaining to officers involved in fictitious operations to entice drug buyers. The study focused on two main issues: 1) the challenges associated with obtaining permission for fictitious operations, and 2) the complications of conducting urgent fictitious operations. The research employed a qualitative approach, analyzing legal documents, concepts, theories, and legal measures.

The findings of the study revealed certain problems within the Ministerial Regulation on Concealment for Investigation of Legal Offenses According to Drug Law BE.2555. Firstly, for permission to carry out concealment operations, applicants were required to submit a written request to the Commissioner-General of the Royal Thai Police or an authorized individual. Secondly, in cases of urgent fictitious operations, officials were allowed to conduct concealment operations without prior permission, but they were obligated to report the necessity and urgency within three days from the start of the operation. In the operation, officers may not receive sufficient protection from their superiors, it, therefore, is recommended that Article 9 of the Ministerial Regulation on Concealment for Investigation of Legal Offenses According to Drug Law BE.2555 be amended as follows: 1) Only police officers holding the position of superintendent within the respective area should be eligible to act as operators for fictitious operations according to Article 3(1). 2) For concealment operations according to Article 3(2), the operator must be a police officer in a supervisory role with the rank of police lieutenant or its equivalent. In the case of civil servants, they must hold the position of Deputy District Officer or higher. Additionally, Article 15 should specify that in instances of urgent necessity and justifiable reasons, officials must report concealment operations electronically to the police officer in charge