The Concept of Drug Offenses in Thai Criminal Justice

บทคัดย่อ

The recent developments of Thai law and policy concerning illicit use of drugs is characterized firstly by decriminalization, and secondly by attempting to introduce different rehabilitation programs as alternatives to imprisonment. The concept of Thai criminal law in relation of drug offenses, however, has not changed. This concept is determined by two principles. The first principle is that illegality of possessing a specific kind of drug is determined by an administrative regulation within five categories of narcotics. The second principle of Thai drug offenses law is the distinction between the intent to sell an illegal substance and the intent to possess it for personal use. The new law of drug offenses may not lead to a dramatic drop of cases because of the widespread practice of confessions.  However, the new law affirms the principle of the individualization of punishment depending on personal characteristics of offenders. This can help Thai judges to better evaluate the nature of confessions made by the suspects and the accused. One implication of the new Drug Code for criminal justice is that the investigation officials will have to do much more work in gathering evidence than it was under the old law. The new law attempts to introduce a comprehensive system of governmental control over the abuse of narcotic substances that will be extremely difficult to enforce in Thai cultural and social context. The article offers an alternative concept of drug offenses.