แนวทางการควบคุมดุลพินิจของเจ้าหน้าที่ตามกฎหมายยาเสพติดในการบำบัดฟื้นฟูผู้ติดยาเสพติดภายใต้ประกาศคณะรักษาความสงบแห่งชาติ ฉบับที่ 108/2557

Abstract

The objectives of this research were to study problems concern exercising of ofcials discretion, in accordance with National Council for Peace and Order Announcement No. 108/2557 (NCPO Announcement) on treating of suspect under drugs-related offense in order to allow them to partake in the rehabilitation and to look after rehabilitated individual and to suggest solutions for the problem by amending the law on exercising and controlling ofcials discretion in accordance with NCPO Announcement No. 108/2557 on treating of suspect under drugs-related offence in order to allow them to partake in the rehabilitation and to look after rehabilitated individual. The authors had studied, researched, reviewed and analyzed information from various sources on this matter in terms of provisions of international treaty, agreement and cooperation framework, and provisions of the constitution, law, policys announcement, academic article, textbook, research papers, from both domestic and foreign sources. From our study, the authors had found that the key problem is using of ofcials discretion to verify whether an individual has drugs in his body or not, pertaining to NCPO Announcement 108/2557. Such problem was caused by ambiguous provisions of the law, as well as the non-conformity of the law and theory of public law and theory of criminal law and international principle of such matter. As a result, exercising and controlling of ofcials discretion are seriously inefcient which is eventually affecting the protection of individuals right and liberty under Thailands justice system. Therefore, NCPO Announcement 108/2557 should be improved, modied and updated, so that it will conform to law theories and international agreements which will lead to more efcient controlling over ofcials discretion and ultimately allow Thailand to efciently solve problems that stem from ofcials enforcing of NCPO Announcement 108/2557. Doing so also allows Thailand to be more accepted in the international stage, which will in turn allow Thailand to sustainably solve drug addiction or to stop the spread of drugs.