Abstract:
A secret society is an integration of criminal in terms of a group of person whose proceedings are secret and whose aim to be unlawful. A secret society is complexly operated then it is difficult to trace the evidences from them. Besides, their missions are normally well-planned and supported by its members. Moreover, in a secret society case as a criminal offense, the plaintiff has to prove (1) the existence of a group of person, (2) secret proceeding, and (3) aim to be unlawful. As all elements of crime have to be proved beyond a reasonable doubt, it is difficult to execute the criminal in this case. Due to the all these grounds, the crimes committed by secret society tend to be more severe but it is difficult to suppress. From the study, a secret society has a common benefit in property acquired through the commission of a criminal offense. Then legislating an offense of being a member of a secret society as a predicate offense under Money Laundering Control Act B.E. 2542 enhances the suppression of such crime as the court has power to order such property acquired through commission of a crime become a state property. Moreover a predicate offense is not a criminal offense then it is not necessary to prove the case beyond a reasonable doubt. The officer can suppress a secret society more effectively. The problem of integration of a criminal is also a problem in other countries. Nevertheless American laws, Australian Law regarding secret society and United Nations Convention against Transnational Organized Crime2000(UNTOC 2000) have already been developed to fight with the development of such crime. Comparing to other countries, Thai law regarding secret society is quite in accordance American Law, Australian Law and UNTOC2000. As to make suppression of secret society becomes more effective. It is necessary to impose being a member of a secret society to be one of predicate offense in Money Laundering Control Act B.E. 2542. In addition, it is essential to amend being a member of a secret society to cohere with suppression of criminal organization, and establish a supplementary measures to support efficient evidence Searching.