มาตรการพิเศษแทนการดำเนินคดีอาญาสำหรับเด็กและเยาวชนที่กระทำผิดในคดียาเสพติด

Abstract

This thesis is the study on special measures for juvenile criminal offence in in drug case. The research was conducted by documentary research and interview with officers related to enforcement of substituted special measures. The officers are investigators, detention officers, attorney, responsible juvenile and family case and Judges of Juvenile and Family Court. From the study, it is found that the special measures help reduce commitment of recidivism of juvenile; but the measures still have problems and impediment in enforcement, which could be summarized as follows: 1. For the Special measures substituted for criminal before trial according to Section 86, from the study, it is found that the operation of detention centers has problems on injured persons giving consent in making rehabilitation planning. If there is no injured persons giving consent, rehabilitation planning cannot be done.This causes problems in bringing juvenile committing offense in narcotic case into the special measures instead of criminal procedure. This isbecause, in the narcotic case, the state is the injured person. Therefore, the rehabilitation plan could not be made in accordance with Section 86.

2. For the Special measures substituted for criminal before judgment according tosection 90, it is found that operation of the court has major problem on statutory interpretation, especially the degree of penalty stipulated by the laws which directs which offense that could be brought into special measures instead of proceedings.The statue scope is too broad and creates problems on judicial discretion in considering for which cases should bring into special measures substituted for criminal. 3. The thesis proposes a reform on the matter of charges or offense that there should be a clear stipulation on which case should be brought into the special measures substituted for criminal.Especially there should be a stipulation on case related to narcotic case which should be brought into special measure instead of criminal proceedings. Also, regarding to the issue on injured persons who have to give consent according to the last paragraph of section 86, there should be an amendment. The last paragraph of the section 86 should be removed. In addition, there should be a clear stipulation on the rate of penalty according to Section 86 and 90 in order to bring persons into the special measures substituted for criminal drug offence.