มาตรการทางกฎหมายเพื่อการป้องกันการกระทำความผิด ทางอาญาซ้ำ: ศึกษาคดียาเสพติด

Abstract

The legal measures for prevent a repetitive criminal offense: case study on drug was researched by basing on documentary research method and by interviewing with government agencies involving with drug cases. The principles, ideas and reasons of the legal measures that related to drug case were also studied along with the court’s judgment and problems from repetitive criminal offenses in Thailand. The four agencies that directly involved with the drug case in both principle and operation process were interviewed namely court, police office, department of correction and the office of narcotics control board. The interview results indicated that the legal measures for drug offence in Thailand were violent and strict with high penalty. The intention of these legal measures was mainly to suppress and prevent drug offences. However, the penalties for drug offense are still not function as the set measures because of the reduction of criminal punishment. The repetitive criminal offenses in drug cases increased 40-50 percent from the previous. This leads to the legal loophole on drug offense. The legal loophole is in, for example, Sections 97 and 100/2 of Narcotics act, B.E. 2552 (1979) or Section 19 of Narcotic addict rehabilitation act, B.E. 2545 (2002) are the advantages for those repetitive culprits to claim for their benefits in repetitive criminal offense. To solve the legal loophole above, The Narcotics act, B.E. 2552 (1979) and Narcotic addict rehabilitation act, B.E. 2545 (2002) should be revised. The drug case division in the court of first instance should be established to solve the drug case according to the intention of the drug laws.