Special Measures for Searching Evidence in The Illicit Trafficking of Antiques and Art Objects as a Transnational Organized Crime Case

Abstract

         Thailand consistently faces the problem of illicit trafficking in antiques and art objects conducted by transnational criminal organizations. This is evident from frequent reports on the retrieval of antiques from foreign countries. The current law responsible for safeguarding antiques and art objects is the National Monuments, Antiques, Objects of Art, and National Museums Act of 1961. However, it proves inadequate in providing sufficient protection.
The powers and duties assigned to officials under this law are insufficient to effectively
combat international trade in antiques and art objects at the level required to confront criminals. Additionally, this issue has not been recognized as a special case of significance with an impact on national security, necessitating special measures in gathering evidence to uncover the root causes of offenses. Despite the fact that the pattern of crimes in this case involves complex methods and serious offenses, it has not been designated as a special case with importance for national security. There is a need to establish a comprehensive definition of antiques and art objects in line with international principles. Designating cases of illicit trafficking in antiques and art objects as a transnational organized crime, in violation of the Ancient Monuments Act, should be treated as special cases through the study of international and foreign laws. This allows for a comparison and decision on special measures used to suppress serious crimes and is necessary for searching for evidence. Implementing these measures will contribute to solving the problem of investigating the origins and key factors behind the group of people who committed crimes in this case in a timely manner. The use of special measures may, therefore, solve the issue of illicit trafficking in antiques and art objects as a transnational organized crime.