The Development Of Asset Forfeiture Law In Narcotics Cases Under The Framework Of The Narcotics Code B.E. 2021

Abstract

          This academic article aims to study and develop laws related to the prevention and suppression of drug offenses and the confiscation of assets associated with drug-related crimes. The drug problem poses a serious threat that impacts national economic and social security. Legal policies for preventing and suppressing drug offenses are therefore of paramount importance, particularly measures concerning the confiscation of assets belonging to offenders and individuals involved in drug-related crimes. Asset confiscation serves as a mechanism to reduce the incentive to commit crimes, disrupt money laundering networks linked to illicit businesses, and address legal limitations in the processes of seizing, freezing, and confiscating assets both domestically and internationally. These limitations pose significant challenges in legal proceedings and the prevention of offenders from evading legal consequences. This study analyzes the challenges and obstacles in the enforcement of the Narcotic Code B.E. 2564 (2021). The findings indicate that, although the Narcotic Code B.E. 2564 contains provisions on asset confiscation related to drug offenses, there are several shortcomings, particularly in enforcing confiscation measures. These include the confiscation of digital assets used for laundering drug money, the time limit for filing asset confiscation petitions, restrictions on seizing assets located abroad, and the lack of clear and fair criteria for value-based asset confiscation. Additionally, existing laws lack effective mechanisms for tracing and monitoring assets transferred to third parties to evade confiscation.

          The study proposes legal improvements,recommendations are made for the development of the law on asset confiscation in drug cases under the framework of the Narcotics Code B.E. 2564. including expanding the definition of assets associated with serious drug-related crimes to cover digital assets and illicitly acquired property, amending provisions regarding the time limit for filing asset confiscation petitions, establishing legal mechanisms to support asset seizure in foreign jurisdictions under international cooperation, and defining clear criteria for value-based confiscation to close legal loopholes and prevent unjust enforcement.