PROBLEMS WITH THE CONTROL OF THE ARRESTED PERSONS IN NARCOTICS CASES

Abstract

This research entitled “Problems with the Control of the Arrested Persons in Narcotics Cases” is according to the Prevention and Suppression of Narcotics Act B.E. 2519 (1976) with purposes as; to study laws related to prevent the accused in Thailand, to study problems caused from exercising the power of officials to treat the accused in narcotics cases and to search guidelines for solving problems and amending related laws.

            The research reveals that officials have their authorities, as same as inquiry officials in the Criminal Procedure Code to control the arrested persons who offend against the narcotics law, to investigate them for not more than 3 days but there is not any process of investigation on such exercising the power of officials. This is not in conform with Paragraph 3 of Article 9 of the Universal Declaration of Human Rights enacted that “Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release”. Moreover, unnecessary and improper control of the arrested persons is illegitimate with the limitation of personal rights and liberties as stipulated in the Law of Habeas Corpus.

            The researchers have suggestions as follows; the law should be amended on exercising the power of officials on controlling of the arrested persons in narcotics cases for being in line with the Universal Declaration of Human Rights. Meanwhile, the investigation system on exercising such power shall be distinctly established more than before. In the name of justice, this is for the arrested persons in narcotics cases to be conformed with principles of criminal prosecution.