Legal Issues in Protecting Officers in Disguise Operations under the Drugs Procedure Act 2007

Abstract

            The Research is aimed at studying concept and theory in relation to protection of the officials carrying out covert operation under Drug Case Procedure Act B.E. 2550 (2007) and a comparative study between principles of Thai laws and principle of foreign countries’ laws in relation to protection of the officials carrying out the covert operation in order to analyze problems of protection of the officials carrying out covert operation under Drug Case Procedure Act B.E. 2550 (2007) and find relevant solution for more efficient protection in place.  The study finds that provisions of Drug Case Procedure Act B.E. 2550 (2007) do not cover protection of the officials against allegations of drug possession, drug addiction, drug-related joint offending and joint offending in other offenses that are possibly arisen by and during the time of the officials’ covert operation.  Laws of foreign countries i.e. United States, Federal Republic of Germany and Republic of Italy are found different since their provisions definitely recognize those offendable acts to protect the officials and provide conditions of asking for permission for balancing the officials’ use of power to prevent unlawful abuse of power.