DIFFICULTIES IN THE IMPLEMENTATION OF THE VALUE-BASED CONFISCATION IN DRUG PREVENTION AND SUPPRESSION BY POLICE OFFICERS

Abstract

This academic article aims to analyze the value-based confiscation principle under the new narcotics law by using the concept of value-based confiscation punishment, enforcement of value-based confiscation measures in foreign countries, and the value-based confiscation process under the current Thai narcotics law as a framework for analysis. This aims to understand the concepts, theory, procedures, and problems of police officers in suppressing drugs by using value-based confiscation measures in order to improve and solve their work to be more efficient.

Findings are as follows: Currently, Thailand has adopted value-based confiscation as a tool for narcotics officers to close loopholes in the existing narcotics laws regarding asset forfeiture. The key principle of value-based confiscation is to penalize offenders by having them pay the state an amount equivalent to the value of the illegally acquired assets. The court will assess the value of the assets and issue a pecuniary penalty order. In the event of non-compliance with the order, the state has the right to seize the convict's assets up to the value of the amount ordered by the court. Value-based confiscation in Thai laws involve several agencies, each with different roles as authorized by law. The role of the police in value-based confiscation involves investigating the assets of offenders, whether conducted by case investigators or case inquiry officers, and coordinating with the Office of the Narcotics Control Board (ONCB) to jointly inspect the assets of offenders. Since the enactment of the current narcotics laws, the study has found that value-based confiscation has not been as effective as it should be. One of the reasons is that the Royal Thai Police has not adequately enforced this new approach of forfeiture, and operational police officers still lack adequate knowledge and understanding.