PROBLEMS OF DETAINING SUSPECTS IN DRUG CRIMES: A COMPARATIVE STUDY OF THAILAND AND THE FRENCH REPUBLIC

Abstract

This research aims particularly to study the problem of detention of drug offenders: a comparative study between Thailand and France with following two objectives. Firstly, the study aims to study the guidelines for setting the detention period for drug offenders with the comparative study between Thailand and France. Secondly, the study aims to study the guidelines for addressing the problems of detaining drug offenders, setting the period of detention of offenders. This research adopted the qualitative research method with the documentary research approach researching books, research papers, legal texts, as well as information from the internet network on issues related to problems of arresting drug offenders. According to the study, it was found that Section 11/6, the Drug Procedure Act (No. 2), B.E. 2564 (2021), was one of the roots of problem on the abuse of power by officers and legal problems on the protection of people rights and liberties. The officers’ powers to arrest and detain a drug offender for 3 days at any place before delivering him/her to the drug inquiry official was against Article 9 (3), ICCPR which states about the rights of those arrested in a criminal case that “anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power. In order for the court to check the arrest, whether there was a legitimate arrest or not”. Nevertheless, the Drug Procedure Act (No. 2), B.E. 2564 (2021) authorizes the drug control officer to detain an offender for 3 days and the inquiry officer has power to detain the offender for another 2 days. The offender was detained under the government officials’ powers for 5 days totally. This procedure breaches the ICCPR and the Constitution of the Kingdom of Thailand B.E. 2560 (2017) mentioning people rights and liberties. This research argues that the study results should be brought to improve Section 87, the Criminal Procedure Code and Section 11/6 (1), the Drug Procedure Act (No. 2), B.E. 2564 (2021).