Abstract:
This thesis will focus on a study of Narcotics Procedure Act B.E. 2550, Article 7, which regulates undercover operations, one of the special investigative techniques that have many legal concerns, by control the undercover operations with the requirement of advance authorization from superior officers before execute any undercover operations, in a case of police undercover operations. The result from the study reveal that the regulations of undercover operation according to Article 7 of Narcotics Procedure Act B.E. 2550, with its ministerial regulations, are uncertain in many issues. In the view of substantive control, which focus on the extent of undercover operations, the regulations not clarify a definition, type, means, duration and illegal activities, that the undercover agents may be authorized to involve, of the undercover operations besides the lacking of the minimum standard of civil rights and civil liberties protection by authorizing its ministerial regulations to detail almost all principals of the regulations. While FBI Guidelineof the United States regulate undercover operation more clearly, Germany regulates them by legislation the main principal in the Code of Criminal Procedure. In the view of procedural control, the advance authorization system that roughly seem like the regulations of another, United States Germany and Italy, is only the internal control unlike the others which have the mechanism of external control, more or less. As a result, this thesis recommends Thailand to adjust Narcotics Procedure Act B.E. 2550, with its ministerial regulations according to Article 7, in both substantive control, by ruling more clearly, and procedural control, by addition of external control, with prosecutors, in the manner of checks and balances.