Legal problematic on the enforcement of act on measures for the suppression of offenders in an offence relating to narcotics, B.E. 2534: a case study of article 32 para 2
Abstract:
The objective of this study is to examine the enforcement of article 32, paragraph 2 of
the Act on Measures for the Suppression of Offenders in an Offence Relating to Narcotics, B.E.
2534 focusingon offenders properties seizure in the case that the alleged offender or the accused
cannot be arrested or owed to death. The focuses of this study areon the problematical legal
issues in coping with the properties seizure and to propose a guideline for the revision of the law
instituting the seized properties owing to the specified measure to better align with legal
development, narcotic trade, and human rights. For so doing, concepts, theories, and laws related
to properties seizure and money laundry both domestically and overseas were reviewed.
The study of the problematic legal issue in the case where the alleged offender or the
accused cannot be arrested or in case of death which causes temporary dispose of the case but
he/she is proved later being guilty of the crime or having seized property of other or possessed by
other without proprietors connivance and he/she does not argue under jurisdiction; after the
accused is arrested and the case is dismissed, this shall be considered depriving an opportunity to
argue. When reviewing foreign law and practice, I suggest that process, timeframe, and argument
of right should be clearly specified and advertised in the newspaper. All of the aforementioned
procedure should be proved by the juridical bodies so that they will be able to effectively balance
rights of the involved parties and become a guideline for legal study and law revision.
Therefore, the researcher suggests that enforcement of the Article 32 Paragraph 2 of
studied law leads to fair practice for all involved parties. However, up the present only Article 32
Paragraph 1 has been applied. This leads to cancellation of Article 32Paragraph 2.