Problems of Special Measure Applied to Proceedings Recidivism in Drug Case: Case study of The Pathum-Thani Provincial Juvenile and Family Court

Abstract

The purposes of this research were 1) to study the concept and theory of juvenile criminal proceedings, protection of rights and liberties of children and youth, 2) to study the legal provisions, rules and conditions on special measures in lieu of juvenile criminal proceedings, both in Thailand and foreign parts, and 3) to study legal problems and obstacles on the enforcement of special measures instead of recurring juvenile crimes in drug cases according to the Juvenile and Family Court and Procedure Act 2010. This study was a qualitative research by studying the documents from the Code of law, statute books, Judgment of the Supreme Court, articles, journals, documents from electronic media, both the laws of Thailand and the laws of foreign countries. All information were analyzed and compared to find conclusions and suggestions for amendments to the law. The results of the research revealed that the drug problems occurred in Thai society, in particular, drug cases in which children and youth are the offenders are on the rise. In the area of Pathum Thani Province, there was information confirming that it was a source of drugs distribution and a drug transit province to the other places.  A research study through juvenile criminal proceedings in the Pathum Thani Juvenile and Family Court can reflect the problems of introducing special measures instead of prosecution under the Juvenile and Family Court and Procedure Act 2010. It aimed at correction, rehabilitation, rather than punishment of juveniles. In this study, it was found that the consent of the state victim cannot be used as a substitute for criminal prosecution (Section 90) and the penitence of juveniles in a drug case was difficult to prove how truly remorse (Section 86), together with the regulations of the President of the Supreme Court on the rules Methods, conditions for the preparation of the post-litigation rehabilitation plan, 2013. Special measures should be applied instead of criminal proceedings against drug recidivism in order to propose a guideline for amending laws and regulations in the future.