17 February 2010
ACT ON MEASURES FOR THE SUPPRESSION OF
OFFENDERS IN AN OFFENCE RELATING TO NARCOTICS,
B.E. 2534 (1991)
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BHUMIBOL ADULYADEJ, REX.
Given on the 19th Day of September B.E. 2534;
Being the 46th Year of the Present Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to have a law on measures for the suppression of offenders in an offence relating to narcotics; (1)This Act contains provisions relating to the restriction of rights and liberties of the people which section 29 together with section 48 of the Constitution of the Kingdom of Thailand allow to be done by virtue of provisions of law;
Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly, as follows;
Section 1 This Act is called the "Act on Measures for the Suppression of Offenders in an Offence Relating to Narcotics, B.E. 2534".
Section 2 This Act shall come into force as from the day following the date of its publication in the Government Gazette. (2)
Section 3 In this Act,
"narcotics" means narcotics under the law on narcotics, and narcotics under the law on narcotics control, as prescribed in the Ministerial Regulation;
"laws relating to narcotics" means the law on narcotics and the law on psychotropic substances;
"offence relating to narcotics" means the production, importation, exportation, disposition of or possession for disposition of narcotics, and shall also include conspiracy, aiding and abetting, assisting or attempting to commit such offence;
"properties connected with the commission of an offence" means money or properties obtained through the commission of an offence relating to narcotics, and shall include money or properties which are obtained by means of using such money or properties to purchase or by causing in any manner whatsoever to transform such money or properties irrespective of the number of such transformation and whether or not such money or properties will be in the possession of, or transferred to or apparently evidenced on the register as belonging to other persons;
"Committee" means the Properties Examination Committee;
"Member" means a member of the Committee, and shall include the Chairman;
"Fund" means the Narcotics Control Fund;
"competent official" means a person appointed by the Minister for the execution of this Act;
"Secretary-General" means the Secretary-General of the Narcotics Control Board;
"Office" means the office of the Narcotics Control Board;
"Minister" means the Minister having charge and control of the execution of this Act.
Section 4* The Minister of Justice shall have charge and control of the execution of this Act and shall have the power to appoint competent officials and issue Ministerial Regulations and Rules for the execution of this Act.
Such Ministerial Regulations and Rules shall come into force upon their publication in the Government Gazette.
CHAPTER 1
General Provisions
Section 5 Any person who commits an offence relating to narcotics, despite the fact that the offence is committed outside the Kingdom, shall be punished in the Kingdom, if it appears that:
(1)the offender or any accomplice is a Thai person or has a place of residence in Thailand; or
(2)the offender is an alien and intends its consequence to occur within the Kingdom or the Thai Government is the injured person; or
(3)the offender is an alien and such act is an offence under the law of the State in the jurisdiction of which the offence is committed, if such offender has appeared in the Kingdom and has not been extradited under the law on extradition;
provided that, section 10 of the Penal Code shall apply mutatis mutandis.
Section 6 In an offence relating to narcotics, any person who does any of the following acts shall likewise be liable to the same penalty as a principal:
(1)aiding and abetting or assisting the offender before or at the time of such commission;
(2)providing or giving money or properties, conveyance, premises or any article for the purpose of the commission of an offence, or for facilitating the commission thereof or for preventing the offender from being punished;
(3)providing or giving money or properties, meeting place, lodging or hiding place in order to assist or facilitate the offender or to help him from being arrested;
(4)accepting money, properties or any other benefits from the offender for the purpose of the commission of an offence or for facilitating the commission thereof or for preventing the offender from being punished;
(5)concealing, hiding or taking away narcotics or any article used in the commission of an offence in order to help the offender;
(6)suggesting or contacting other persons for the purpose of the commission of an offence.
In the case where any person provides or gives money or properties, lodging or hiding place in order to help his father, mother, child, husband or wife from being arrested, the Court may impose no punishment or impose less punishment than that provided by law for such offence at his discretion.
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(1) Added by Act on Measure for the Suppression of offenders in an Offence Relating to Narcotics (No.2) B.E.2543 (2000) published in the Government Gazette Vol.117 Part 37 Ngor., dated 28th April B.E.2543
(2) Published in the Government Gazette Vol.108, Part 170 Special Issue, 27th September B.E.2534 (1991).
* Revised by the Act Amending Ministry, Sub-ministry and Department B.E.2545 (2002), Section 47, 48, 49 and Royal Decree on Transferring the Administration Duty of Government Organization according to the Act Amending Ministry, sub ministry and Department B.E.2545 (2002) Section 87 |
