Thailand Narcotics Code (Sections 63 – 89)
Title 4
Property Inspection
Chapter 1
Property Inspection Committee
Section 63 There shall be a committee called The “Property Inspection Committee” consisting of The Permanent Secretary of the Ministry of Justice the Chairman of the Board, the Attorney General, and the Secretary-General of the Anti-Money Laundering Commission. National Police Commissioner Director General of the Land Department Director General of the Legal Execution Department Director General of the Customs Department Director General of the Revenue Department and Governor of the Bank of Thailand Being a director by position and two qualified members appointed by the NACC from persons which have knowledge and expertise in property inspection.
The Secretary-General of the ONCB shall be a member and secretary and the Asset Inspection Committee may appoint any government official from the Office of the NCB to be an assistant secretary.
Section 64 The Property Inspection Committee shall have the following duties and powers:
(1) to submit recommendations to the Minister of Justice regarding the issuance of ministerial regulations under section 71, section 73, section 74 and section 82;
(2) to inspect property related to serious drug-related offenses and issue an order under section 68
(3) to determine any property assets are assets related to serious drug offenses under section 73;
(4) pass a resolution to seize or attach property following section 73;
(5) to regulate regarding ordering property inspections under section 68, regulations regarding termination inspection of property and return of property temporarily seized or attached under Section 71 and regulations regarding property preservation. Putting assets up for auction utilization of property and assessment of damages and depreciation according to Section 75;
(6) to appoint a sub-committee or a working group to conduct the Property Examination Committee shall be entrusted;
(7) to any conduct as the provision of this Code or other laws shall be duties and powers of the Property Examination Committee.
Section 65 At a meeting of the Property Inspection Committee, the presence of not less than two-thirds of the total number of members is required to constitute a quorum.
In the committee meeting if the Chairman of the Board is not present at the meeting or is unable to perform his duties the meeting shall elect one committee member to be the chairman of the meeting.
The decision of the meeting shall be made by a majority vote except that the decision under sections 64 (2), (3), and (4) shall be made by two-thirds of the votes of the members present. One member shall have one vote. If it shall be equality of votes, the Chairperson of the meeting shall make one additional vote as a casting vote.
Section 66 The Property Examination Committee shall appoint, one or many, the Property Examination Sub-Committee consisting of the Director General of the Office of Attorney General who the Attorney General entrusts shall be the Chairperson of the sub-committee, a representative of the Royal Thai Police, representative of the Department of Lands, representative of the Legal Execution Department, representative of the Thai Customs Department, representative of the Revenue Department, representative of the Bank of Thailand and other three qualified committees who the Chairperson of the Sub-Committee appoints from knowledge and expertise relating to property examination from government or private sectors as members
The Director of the Property Examination Bureau or the Director of Regional Narcotics Control Offices of the NCB, as the case may be shall be members and secretary of the Sub-Committee, and the Chairperson of the Sub-Committee shall be appointed any one of the government officials of the NCB to serve as assistant secretary.
The provision of section 65 shall be applied to the meeting of the Property Examination Sub-Committee mutatis mutandis.
Section 67 The provisions of section 7, section 8, and section 9 shall be applied to Property Examination Sub-Committee mutatis mutandis.
Chapter 2
Property Inspection measures
Section 68. In the case where there is reasonable cause to suspect that the accused’s property is related to the commission of a serious drug offense. The Property Inspection Committee shall inspect the property of that person.
In the case of urgent necessity, the NCB Secretary-General shall first inspect the property of the accused and then report it to the Property Inspection Committee.
The rules, procedures, and conditions in order of property examination shall be in accordance with the rules as the Property Examination Committee prescribed by published in the
Government Gazette.
The criteria, methods, and conditions for ordering a property inspection shall be following the regulations set by the Property Inspection Committee and published in the Royal Gazette.
Section 69 For the sake of ordering property examination under section 68, when the Secretary General of the NCB shall have reported relating to property which shall have reasonable suspicion relating to property connected with the commission of serious offense relating to narcotics, the Secretary General of the NCB shall have to comment to the Property Examination Committee for further consideration.
If it is considered that it is a property that is available or acquired which does not exceed the status or ability to engage in an honest occupation or other activity. or it is a property that the general public can have according to their status or as necessary for their livelihood, the Secretary-General of the ONCB shall also report it to the Property Inspection Committee.
Section 70 In an examination of the property of the alleged offender, if there is evidence to believe that any property of other persons is connected with the commission of serious offense relating to narcotics of the alleged person, and such persons have gratuitously obtained them or have obtained them knowing that they are the properties connected with the commission of an offense relating to narcotics, the Property Examination Committee shall also have the power to order the examination of the properties of such persons, in the case of urgent necessity, the provision of section 68 paragraph two shall apply mutatis mutandis.
Section 71 The Asset Inspection Committee or the NACC Secretary-General, as the case may be, shall assign a drug control officer to inspect the property on their behalf and report. When conducting a property inspection, notify the inspector or the property claimant of information about the property inspection to prove that the property is not related to serious drug-related offenses.
In the case where the drug control officer assigned to inspect the property finds that the additional inspection is not an official purpose. The assigned drug control officer shall report the results of the inspection together with his opinions. Let the property inspection committee consider. If the property inspection committee agrees with the opinion of the assigned drug control officer Have the Property Inspection Committee order revocation of the property inspection. If the Property Inspection Committee has reasonable grounds to order the return of the property to be seized and may be temporarily seized. Attached during inspection with the owner.
Inspection of property and information according to paragraph one to following the criteria, methods, and conditions prescribed by the Minister of Justice in the Ministerial Regulations.
The cessation of property inspections and the temporary return of property to be seized and frozen according to paragraph two. To be in accordance with the criteria set by the Property Inspection Committee. and announced in the Royal Gazette
Section 72 In the case where property related to the commission of a serious drug-related offense is considered property that can be dealt with under other laws and the implementation of other laws to have more government purposes property inspection The committee shall order the said assets to be processed according to other laws.
Section 73 In inspecting property If the person being inspected or the person claiming ownership of the property is unable to determine that the property being inspected must not be related to a serious drug offense, or has accepted the transfer of the property in good faith and with value or obtained reasonably according to good morals or for public charity The Property Inspection Committee shall order the seizure or attachment of the property until the court dismisses the request to confiscate the property.
For property inspection If there is reason to believe that any particular item of property will be transferred, moved, hidden, or in the case where there is any other reason and necessity. The Asset Inspection Committee shall have the power to order a temporary seizure or attachment. Any such item of property until it is determined that the property is related to a serious drug-related offense. No examiner or person claiming to be the owner of the property may submit a request to stop the enforcement of the order to bring the property back into use with or without insurance or with insurance and collateral and the provisions of Section 68, paragraph two, shall apply mutatis mutandis.
When assets have been temporarily seized or frozen The Property Inspection Committee shall verify according to paragraph one without delay. In the case where the person being inspected or the person claiming to be the owner of the property can prove it according to paragraph one then return the property to that person But if it cannot be proven The seizure or attachment under paragraph two shall be deemed be the seizure or attachment under paragraph one.
Submitting a request for relief according to paragraph two to following the criteria, methods, and conditions prescribed by the Minister of Justice in the Ministerial Regulations.
For this section, the word “property” shall include:
(1) Property that has changed condition Rights to claim, benefits, and interest from such property.
(2) Debts due from third parties to the accused.
(3) Property related to the commission of a serious drug offense by the accused that was sold, disposed of, transferred, or transferred during the ten years before the seizure or attachment order was made and after that unless the transferee or beneficiary can prove to the Asset Audit Committee that the transfer or action was made in good faith and for compensation.
Section 74 When the Asset Inspection Committee or the Secretary-General of the NCB, as the case may be, has ordered the seizure or attachment of any property. The assigned NCB officer shall seize or attach property assess the value of that property quickly and report it.
The seizure or attachment of property and the appraisal of the value of the seized or attached property shall follow the rules, procedures, and conditions prescribed by the Minister of Justice in the Ministerial Regulations. In this regard, the Civil Procedure Code regarding the seizure or attachment of property shall apply mutatis mutandis.
Section 75 Preservation of assets that the Asset Inspection Committee or the Secretary-General of the NCB, as the case may be, has ordered to be seized or seized. To be following the regulations set by the Property Inspection Committee and published in the Royal Gazette.
In the case where the property under paragraph one is not suitable for keeping or if keeping it would be more of a burden to the government than putting it to other uses, the Secretary-General of the Narcotics Control Board may order that the property be auctioned off or sold. You can use it for government benefits and report it to the Property Inspection Committee.
Taking property for auction or putting it to beneficial use under paragraph two to following the regulations announced by the Property Inspection Committee in the Royal Gazette with the approval of the Ministry of Finance
If it later appears that the property used under paragraph two is not properly related to Serious drug offenses to return the property as well as compensate for damages and Depreciation according to the amount specified by the Property Audit Committee. Use the fund for the owner or possessor if the property cannot be returned Compensate the value of the property according to the appraised value. On the date of seizure or attachment of the property or at the price received from the auction of that property, as the case may be.
Assessment of damages and depreciation according to paragraph four to follow the regulations set by the committee. Property inspection is determined by announcement in the Royal Gazette.
Section 76 to consider and order an inspection of the property. or seize or attach property under this chapter Let the property inspection committee, sub-committee, NCB secretary-general. The Deputy Secretary-General of the Narcotics Control Board and the assigned NCB officers has the following powers:
(1) Send a letter to inquire or call an official of a government agency Government organizations or agencies or state enterprises come to give statements. Send the explanation in writing or send accounts, documents, or any evidence for inspection or consideration;
(2) send a letter to inquire or summon any person involved to give a statement send an explanation in the letter or send an account of documents or any evidence for examination or consideration, including checking information from the bank stock market and financial institutions as well
(3) Enter any dwelling, place, or vehicle with reasonable cause to suspect that a serious offense involving drugs has been committed or has the property under Section 73 hidden for search or to inspect, seize, or attach property during the daytime between sunrise and sunset if there is reasonable cause to believe that if such action is not taken immediately, the property will be moved. Shall have the authority to enter at night.
In the case of (3), the property inspection committee chairman, the Property Inspection Subcommittee, or the Secretary-General of the NCB will assign an NCB officer to act on his behalf and report to acknowledge.
In performing the duties of the NCB official, the person assigned under paragraph two must present the authorization document to the person involved every time.
Section 77 When the prosecutor orders a lawsuit and the asset inspection committee determines which assets are assets related to the commission of a serious drug-related offense. The prosecutor shall submit a request to the court to order the confiscation of the property. The petition will be submitted together with the complaint or at any time within one year from the date of the court’s final judgment.
In the case that there is an increase in assets related to serious drug offenses, a petition must be submitted to the court to order the confiscation of such assets within one year from the date of the court’s final judgment.
In the case where the case cannot be prosecuted because the accused or defendant cannot be arrested or because any accused or defendant has died or the prosecutor has an absolute order not to prosecute the public prosecutor shall submit a request to the court of competent jurisdiction to request the court to order the confiscation of the property within one year from the date the Property Inspection Committee has made a decision or in the case where a petition has been submitted according to paragraph one let the court consider the request can be continued following Section 82.
Section 78 Once the court has ordered to accept the prosecutor’s request under section 77, the court shall order the Secretary-General of the NCB to send a letter informing the person who may claim to be the owner of the property to submit a request to enter the case before the case is final by notifying by registered mail at that person’s most recent address as evidence appears in the investigation process. In cases where notification cannot be made according to the above method Place or close the letter in an easily visible place at the said address in front of administrative officials or police. It is considered that that person has been informed or has been notified.
Notification costs will be paid from the funds.
Section 79 The court shall investigate the complaint submitted by the public prosecutor to the court under section 77 if the case has grounds that it is property related to the commission of a serious drug-related offense. The court shall order the confiscation of the property unless the person claiming to be the owner of the property submits a request for the return of said property before the case is final and demonstrates to the court that
(1) they are the true owner and the property is not related to the commission of a serious offense related to drugs, or
(2) they are the transferee or beneficiary and have acquired the property in good faith and have received compensation or have acquired it reasonably according to good morals or public charity.
For the benefit of this section, If there is evidence that the defendant or the person under investigation is involved or has previously been involved in serious drug-related offenses, It is to be presumed that all the money or property that person has or has acquired exceeds status or the ability to pursue a career or other activity honestly It is property related to serious drug-related offenses.
In the case where the court has investigated and there is evidence that an item of property is related to the commission of a serious narcotics-related offense, and the court ordered that the property was property related to the commission of a serious narcotics offense but cannot enforce legal action against that property the public prosecutor shall submit a request to the court for enforcement of other property of the defendant or the person under investigation within ten years from the date the court orders, it must not exceed the value of that property.
Section 80 In the case where the person requesting the return of property under Section 79 paragraph one does not know that the prosecutor has requested the court to confiscate the property and the court has ordered the confiscation of the property. The person requesting the return of the property may submit a request to return the property to the court within one year from the date the court orders the confiscation of the property.
Section 81 Property that the court orders to confiscate under section 79, paragraph one, shall belong to the Fund.
Section 82 In the case where the public prosecutor issues an absolute order not to prosecute the accused or the court has a final judgment to acquit any defendant, the court may continue to investigate the prosecutor’s request to request the court to order the confiscation of the property submitted under section 77. If there is evidence to believe that the property in the case is real property related to serious offenses of narcotics.
The property whose owner is unknown has been seized or confiscated due to the commission of an offense by the accused or defendant. If nobody comes to request for refund of the property within five years from the date of the absolute order not to file a lawsuit. or there is a final judgment to dismiss the case to belong to the fund.
Requesting return of property and returning property to following the criteria, methods, and conditions prescribed by the Minister of Justice in the Ministerial Regulations.
Section 83 In the case where property other than money must be returned to the owner but cannot be returned, the value of the property shall be used instead from the fund according to the appraised value on the date of seizure or attachment of the property.
Chapter 3
Measures to inspect assets according to value
Section 84 In the case where the Property Inspection Committee considers the evidence obtained from the inspection and determines that the person being inspected received property related to the commission of a serious narcotics-related offense. The Property Inspection Committee shall calculate the property’s value to a definite amount. Along with sending the report of the inspection of assets, documents, and evidence to the prosecutor, the prosecutor will request the court to order the confiscation of the value of the assets.
Requesting the court to order the confiscation of the value of assets and investigating the prosecutor’s request the provisions of Section 77, Section 79 paragraphs one and two, and Section 82 shall apply mutatis mutandis.
Section 85 In the case where the court has investigated and found that the value of property related to the commission of a serious drug offense that the court has ordered to confiscate cannot be traced or inspected to find the property related to the commission of the offense serious about drugs of such value The public prosecutor shall submit a request to the court for enforcement of other property of the defendant or the person under investigation within ten years from the date of the court’s order. But it must not exceed the value of the property that the court orders to confiscate.
In the case where there is a legal enforcement action against the property under paragraph one. The NCB shall be considered a creditor according to the judgment and the NCB officers assigned by the NCB Office have to investigate assets or claims of the defendant or the person under investigation to enforce the case according to the court order with the advice of the prosecutor.
Requesting return of value of property the provisions of Section 80 shall apply mutatis mutandis.
Section 86 Properties obtained from legal execution under Section 85 shall belong to the Fund.
Chapter 4
Narcotics Prevention, Suppression, and Problem-Solving Fund
Section 87 A fund for preventing, suppressing, and resolving drug problems shall be established in the Office of the NBC. The objective is to prevent, suppress, and solve drug problems. With duties and powers as follows:
(1) Promote and support prevention, suppression, treatment, and rehabilitation and rehabilitate the social conditions of drug addicts and follow up and help those who have undergone treatment;
(2) Promote and support education, research, testing, experimentation, training, meetings, or seminars regarding prevention, suppression, treatment, and rehabilitation and rehabilitate the social conditions of drug addicts;
(3) Promote and support the creation of experts with knowledge or expertise in various fields both domestically and abroad to perform duties of providing advice, guidance, training, meetings, or seminars regarding prevention, suppression, treatment, and rehabilitation and rehabilitate the social conditions of drug addicts;
(4) Promote and support the provision of services or activities that are beneficial to prevention, suppression, treatment, and rehabilitation and rehabilitate the social conditions of drug addicts as well as promote and develop drug addicts. People receiving rehabilitation treatment and those who have undergone rehabilitation to be able to live in society;
(5) Promote and support coordination between related agencies or have a hand in helping or supporting prevention, suppression, treatment, and rehabilitation. and rehabilitate the social conditions of drug addicts Both within the country and foreign levels;
(6) Provide relief to those affected by prevention, suppression, treatment, rehabilitation, and social rehabilitation of drug addicts;
(7) Other activities necessary for preventing, suppressing, and solving the drug problem following this Code.
Individuals or organizations that have received similar financial support from other revolving funds are not entitled to request financial support from this fund.
Section 88 The fund consists of money and assets as follows:
(1) Money and property transferred from the Narcotics Prevention and Suppression Fund following the Measures for Suppression of Narcotics Offenders Act B.E. 2534 (1991);
(2) Property vested in the Fund under Section 81, Section 82, Section 86, and Section 186;
(3) Money and property received from donations.
(4) Money and property received from the government;
(5) Benefits arising from property under (1), (2), (3), and (4)
Money and property of the fund under paragraph one there is no need to send the treasury as national income.
Section 89 The NCB shall lay down regulations regarding the management and operation of the fund in the following matters:
(1) Appointment, retirement from office, and the duties and powers of the subcommittee and
Fund management according to the law on revolving capital management;
(2) Procurement of benefits, management, and disposal of assets of the fund;
(3) Receiving money, paying money, and keeping money in the fund;
(4) Any other expenses or compensation that is necessary to be paid to agencies, outsiders, officials, NCB officials, civil servants, or officials in the performance of duties. Assistance or support in performing duties to make operations according to this Code more efficient and effective shall be paid from the fund;
(5) Administration and other operations to achieve the objectives of the fund.
The making of regulations according to (2), (3), (4), and (5) must also be approved by the Ministry of Finance.
