Synergy of Criminal Measures and Implementation of the Protocol to Eliminate Illicit Trade in Tobacco Products

Abstract

The illegal trade in tobacco products is considered a transnational criminal activity. This involves the movement of goods and persons across jurisdictions. Prosecutions involving illegal cigarettes have become a challenge for money laundering due to the seizure of cigarettes. Illegal e-cigarettes by themselves do not constitute a money laundering offence. If any consumer is caught it will be considered a small case involving consumers.

However, when the seller is arrested and treated as part of a transnational criminal organization, the use of the Money Laundering Act is therefore necessary to trace sellers and trace their origins. This is a practice supported by the Thai law. Criminal offenses pose technical and methodological problems that require expertise and universal application in all cases. Thai law holds the Department of Special Investigation (DSI) responsible for arresting investigators, and prosecutors should cooperate in investigating cases outside the Kingdom. Communications will be directed to the Attorney General for advice.

Participation in the Protocol on the Elimination of Illegal Trade in Tobacco Products facilitates international cooperation and offers technical assistance in law enforcement matters, such as case investigations, border crossings, exercise of jurisdiction and the extradition of the accused.  The Protocol imposes penalties on purchasers of even minor counterfeit and illegal goods. For example, administrative offenses may have a preventive effect in the offense sector involving proportionate criminal liability. Taking into account measures to seize and confiscate money.