มาตรการเบี่ยงเบนคดีตามประมวลกฎหมายยาเสพติด

บทคัดย่อ

This independent study aimed to compare diversion measures under the Narcotics Code. While drug users are currently considered patients, there are limitations in diversion measures that allow drug users to enter the treatment process. The key condition is that they must not be accused or currently facing prosecution for other offenses punishable by imprisonment. This could violate the principle of equality stipulated in the Constitution of the Kingdom of Thailand and the International Covenant on Civil and Political Rights, which are fundamental human rights. Furthermore, criminal punishment for drug users may not be consistent with the principle of proportionality in punishment and international drug laws. Without decriminalization measures, drug users remain stigmatized as criminals and lack an integrated rehabilitation and reintegration system for society.

This study presents a comparative analysis of drug diversion measures in other countries. Portugal, for example, employs a decriminalization system, treating drug use and possession for consumption as administrative offenses. Drug users are provided with treatment through a drug commission, which reduces stigma and increases access to treatment. Meanwhile, the Czech Republic has a "small quantity" threshold. Possession exceeding this threshold is considered an administrative offense, with fines or treatment instead of criminal penalties.

The study found that if Thailand adapts international approaches to diversion to fit the Thai social context, in line with human rights principles, and implements appropriate punishments consistent with international guidelines, it will be able to resolve legal issues related to the use of diversion measures under the Narcotics Code by amending the following provisions:

First, amend Section 114, paragraph 1, to read: "Anyone who has sufficient evidence that they have used or possessed drugs for use, if they voluntarily seek treatment, shall enter the prescribed treatment process, except for those who have been sentenced to prison by a final judgment and are currently serving their sentence, in order to allow them the opportunity to enter treatment in all cases."

Second, amend Sections 162-164 of the law by adding the following provision: "Or, the court may order treatment in lieu of punishment." This section is in line with human rights principles and the principle of proportionality of punishment, while also upholding the sanctity of the law.