Introduction of Property Distribution Principle to Thailand’s Narcotic Case

Abstract

Objectives of this Research were: 1) to study the concept and principle of asset sharing, as appearing in international conventions and foreign laws; 2) to study enforcement of measures for confiscation and disposal of properties in Thailand’s narcotic cases; 3) to analyze enforcement of measures for confiscation and disposal of properties in the narcotic cases, both under the law on suppression of offenders in offenses relating to narcotics and other relevant laws, as well as introduction of the principles of value confiscation to Thailand’s narcotic cases; 4) to study and analyze prescription of criteria for introducing the principle of asset sharing to Thailand’s narcotic cases; and 5) to recommend approaches to amend the relevant laws for supporting the principle of asset sharing, as to be consistent with relevant international conventions and treaties, and support future international cooperation. The research methodology employed methods of qualitative research by using documentary research, in-depth interview, focus group, and holding seminars for hearing opinions. The research results were found that; 1) the principle of asset sharing, which is contained in several international conventions, is a universal principle, which must be consistently implemented in the domestic law of each civilized country; 2) in narcotic cases, there are problems with enforcing measures for asset confiscation in criminal matters and imposing of fine penalties, leading to inefficient proceedings against properties; 3) in narcotic cases, Thailand’s domestic laws do not conform with the universal principles and international conventions on promotion of international cooperation in detection, pursuit, seizure, confiscation or forfeiture of properties, and asset sharing; 4) introduction of asset sharing to Thailand’s narcotic cases requires amendments to several relevant laws; and 5) therefore, the researchers propose the recommendations to draft amendments to relevant laws, consisting of : the draft of an amendment to Act on the Measures for the Suppression of Offenders in an Offence Relating to Narcotics, B.E. 2534, Section 29, Section 30 and Section 31; the draft of an amendment to Anti-Money Laundering Act, B.E. 2542, Section 51 and Section 53; the draft of an amendment to the Penal Code, Section 35 and Section 36; and the draft of International Treaty on Mutual Assistance in Detection, Discovery, Confiscation or Sequestration and Seizure of Properties, and Sharing of Assets in Narcotic Cases.