การใช้มาตรการทางกฎหมายลงโทษริบทรัพย์สินในคดียาเสพติด / วันชัย ศรีนวลนัด = Implementation process of forfeiture of assets as punishment for narocitic offences / Wanchai Srinualnad
Narcotic is one of the greatest threat to mankind. It breeds numerous social problems and threatens the nation's economy and stability. Thailand has a long history of coping with narcotic problems, since a part of its northern territory is adjacent to the world renowned narcotic production area know as "The Golden Triangle" From his study of criminological theories, the author is convinced that punishment for production and distribution of narcotic would achieve deterrent effect only when the degree of punishment meted out outweighs benefits obtained from the commission of such offences. This strategy would deter an offender from further violations and hence deemed most effective for protection of potential offenders. The most important motive behind narcotic violation is an enormous financial gain received or envisioned by offenders. Financially related punishment through severe and instantaneous forfeiture of assets would minimize the chance for an offender to enjoy such gain and would serve as the best deterrent. Since present narcotic laws in Thailand do not specifically provide for forfeiture of assets as punishment, therefore measures inherent in the Criminal Code for general offences have been applied for narcotic cases. After having meticulously analyzed those measure, the author purports that they are not appropriate for narcotic offences since they have their own limitation and lack several extraordinary measures unique to such offences. On the issue of criminal violation presumption, the author finds that several countries, Thailand included, embrace this legal doctrine and do not perceive it as contradictory to constitutional rights or criminal doctrine. However, it must be used within a defined boundary and under certain conditions which will prevent the society from certain transgression of law. The author suggests that the implementation process of forfeiture of assets as punishment should be adopted specifically for narcotic offences. With measures outlined above incorporated into the law, he sincerely believe that such law would lead to successful protection and suppression of narcotic problems in Thailand.
