Quick Links: Thailand Law Seminars and Conference | Thai Law Forum Past Issues | About Thailand Law Forum | Advertising Guidelines | Publishing Guidelines

Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


Guide for Tourists
  to Laws in Thailand



Neither Free nor Fair:
  Burma’s Sham Elections



Sex Laws in Thailand:
  Part 1



Renewable Energy
  in Thailand



Transsexuals and
  Thai Law



Foreign Mafia in
  Thailand

Contribution :

Thailand Law Forum would like to thank Chaninat & Leeds for their assistance.  A law firm with both Thai and American lawyers, they specialize in prenuptial agreements in Thailand for foreign nationals.


 

 

Section 7 Any person who attempts to commit an offence relating to narcotics shall likewise be liable to the same penalty imposed for such offence as the offender who has accomplished the offence.

Section 8 Whenever two or more persons, with manifest intention, agree to commit an offence relating to narcotics, every such person is said to conspire to commit such offence, and shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand Baht or to both.

If an offence relating to narcotics has actually been committed on account of the conspiracy under paragraph one, every such conspirator shall be liable to the penalty imposed for such offence.

Section 9 Any person who commits an offence relating to narcotics by wearing uniform or dressing in such a manner as to cause any person to believe that he is an official, government official, local government official, official of a State organization or State agency, or official of a State enterprise shall be liable to additional penalty of one-half of the penalty imposed for such offence.

Section 10 Any Member, or member of the sub-committee under this Act or under the laws relating to narcotics, official, member of the National Legislative Assembly, member of the Provincial Council, member of the Municipal Council or other local assemblies, government official, local government official, official of a State organization or State agency, or official of a State enterprise who commits an offence relating to narcotics or commits the offence under section 42 shall be liable to treble penalty imposed for such offence.

Section 11 Any Member, or member of the sub-committee under this Act or under the laws relating to narcotics, official, or government official who commits an offence of malfeasance in office or commits an offence of malfeasance in judicial office as provided in the Penal Code in connection with the commission of an offence relating to narcotics shall be liable to treble penalty imposed for such offence.

Section 12 The penalty of imprisonment to be imposed upon the offender under section 9, section 10 or section 11 shall not exceed fifty years.

Section 13 In the execution of this Act, the Members, the members of the sub-committee, the Secretary-General and competent officials shall be officials under the Penal Code.

Section 14 The approval of the Secretary-General shall be obtained prior to making the arrest of the offender or informing the offender of the offence charged under section 6 or section 8. After having executed such act as approved, it shall be reported forthwith to the Secretary-General for information.

A request for approval, the approval and the report under paragraph one shall be in accordance with the rules, procedure and conditions as prescribed in the Ministerial Regulation.

CHAPTER 2
Properties Examination Committee

(3)Section 15 There shall be the Properties Examination Committee, consisting of the Permanent Secretary of the Ministry of Justice as Chairman, Attorney General as Vice Chairman, Commissioner of Thai Royal Police, Director General of Lands Department, Director General of the Legal Execution Department, Director General of Customs Department, Director General of Revenues Department and Governor of the Bank of Thailand as members, and Secretary General shall be member and secretary.

The Committee may appoint any government Official of the Office to be assistance secretary.
In case where members under paragraph one, unless the Chairman, does not attend any meeting, he shall delegate his subordinate who holding the vice position or likewise or who is acknowledgeable on the performance of the duties of the Committee to attend that particular meeting.

Section 16 The committee shall have the following powers and duties:
(1)to submit recommendations to the Minister in respect of the issuance of Ministerial Regulations under section 14, section 21, section 22, section 23 and section 33;
(2)to examine the properties connected with the commission of an offence relating to narcotics;
(3)to decide whether or not any properties of the alleged offender or other persons are the properties connected with the commission of an offence relating to narcotics;
(4)to seize or attach the properties under section 22;
(5)to issue the Rules relating to the custody, sale by auction and utilization of the properties under section 24, and the Rules relating to the Fund under section 37 and section 38.

The Committee may entrust a member of the sub-committee or the Secretary-General to examine the properties under (2) or to seize or attach the properties under (4), and then report for its information.

Section 17 At a meeting of the Committee, the presence of not less than two-thirds of the total number of members is required to constitute a quorum.

The Chairman shall preside over the meeting. In the case where the Chairman does not attend or is unable to perform his duty, the Vice-Chairman shall preside over the meeting. If the Vice-Chairman does not attend or is unable to perform the duty, the members present shall elect one among themselves to preside over the meeting.
The decision of the meeting shall be made by two-thirds of the votes of the members present. Each member shall have one vote.

Section 18 The committee may appoint a sub-committee to consider and submit opinions on any matter or carry out any act as entrusted, and the provisions of section 17 shall apply mutatis mutandis.

Section 19 In the case where there exists a reasonable ground to suspect that the properties of any alleged offender are the properties connected with the commission of an offence relating to narcotics, the Committee shall order the examination of the properties of such person.

In case of urgent necessity, the Secretary-General may issue a provisional order for the examination of the properties of the alleged offender, and then report to the Committee.

Section 20 In conducting the examination of the properties of the alleged offender, if there are evidences to believe that the properties of other persons are the alleged offender's properties connected with the commission of an offence relating to narcotics, and such persons have gratuitously obtained them or have obtained them knowingly that they are the properties connected with the commission of an offence relating to narcotics, the Committee shall also have the power to order the examination of the properties of such persons, and the provisions of section 19 paragraph two shall apply mutatis mutandis.

Section 21 The Committee or the Secretary-General may entrust the competent official to conduct the examination of the properties on its or his behalf, and then report thereto. For this purpose, the publication shall be made in order that a person who may claim to be the owner of the properties may submit an application together with the documents and evidences to the Committee for the restitution thereof.

The examination of the properties and the publication under paragraph one shall be in accordance with the rules, procedure and conditions as prescribed in the Ministerial Regulation.

Next Page
[1]  [2]  [3]  [4]


(3) Repealed and replaced by the Act on Measure for the Suppression of Offenders in an Offence Relating to Narcotics (No.2) B.E.2543, section 3.

 

© Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)