Narcotic Drugs Act 1979, Article 7, divided into 5 categories
Category 1. Narcotics The important items are heroin, amphetamines , ice, amphetamine, xtaxi and LSD
Category 2. General punishment Narcotics Important items are K (ketamine), coca leaf, cocaine, codeine, opium, morphine
Category 3. Narcotics that are harmful to the origin and type 2 in the formulas, such as cough syrup, diarrhea
Category 4. The chemicals used in the production of Narcotics to be harmful. Type 1 or 2 important items are acetic anhydride. Acetic Chloride
Category 5. Narcotics that do not fall into categories 1 to 4, there are 4 items: marijuana, kratom, opium, and Kwaii mushrooms
Penalty rate of Narcotics category 1
Production, import or export for sale
: Lifelong and fined 1,000,000 - 5,000,000 baht or executed
Sold or possessed for sale (15 use units or more)
Calculation of pure substances
: Not more than 0.375 grams, imprisonment for 4 - 15 years or fined 80,000 - 300,000 baht or both
: From 0.375 - 20 grams, imprisonment for 4 years to life and fined 400,000 - 5,000,000 baht
: 20 grams or more for life and fined 1,000,000 - 5,000,000 baht or death
Tenure (less than 15 units)
: Pure substance less than 0.375 grams, imprisonment for 1 - 10 years or fined 20,000 - 200,000 baht or both
: 6 months - 3 years imprisonment or fined 10,000-60,000 baht or both
Eat with drive
: 6 months - 3 years imprisonment or fined 10,000-60,000 baht or both And order to suspend or revoke the driver's license
Advice from lawyers
Rules and guidelines for defense cases
1. When should be arrested by the police or the DPW
Answer : before signing the arrest record Must read the text carefully that corresponds to the truth The signing of officials does not have the right to enforce And should contact the lawyer as quickly as possible
2. Confessing or denying the arrest
Answer : The confession is not necessary to be received in the arrest class. Or the level of the inquiry official Should confess in court Will be more useful The arrest should be rejected first
Confession in the arrest class It is strictly forbidden to listen as evidence for punishing the accused under Section 84 of the Civil Procedure Code. Therefore, even if the defendant pleads guilty Did not have a detrimental effect on the case Can still reverse the denial in the investigation and in the court
3. bail or not
Answer : A temporary release request can be submitted, but the court usually does not allow it. Because the case has a high penalty rate And afraid that he would escape as according to Section 108/1
Guarantee limits can be checked in accordance with the Central Standard Criteria, collateral for temporary release, the accused or the defendant
4. The ultimate drug case at any court
Answer : The Court of Appeals under the Drug Procedure Act B.E. 2550, Section unless exceptions are allowed to appeal to the Supreme Court under Section 116 and Section 19
5. How much drugs are considered for possession for sale?
Answer : Calculate the amount of pure substance from 0.375 grams or more, or the amount of 15 units used
Suspicious possession for sale, for example with scales Multiple clear plastic bags Customer list Police background information etc.
6. What are the laws for decreasing punishment in the case of drugs?
Answer : Yes, if the accused is cooperating with the authorities in the extension of the arrest of the offender. The court can inflict any minor offender
Method of extension : The offender must provide information regarding the address and identity. And phone number Then use his own phone to call to buy and lure to make a drug delivery.
Narcotics Act Narcotic Drugs Act 1979
Section 100/2 If the court is of the opinion that any offender has provided important and extremely useful information in suppressing the commission of narcotics-related offenses, the punishment shall be inflicted upon the administrative or police official or the inquiry official. The court may punish that person less than the minimum penalty set for that offense.
Therefore, when helping to share important information with officials Will be useful in the suppression of offenders
In conclusion, when arrested, should cooperate in expanding the results. Because it will benefit from Section 100/2 which has been used a lot
Examples of court verdicts, such as providing address information Description Confirm photo Of those who are hired to carry drugs to be reduced
Judgment of the Supreme Court No. 6408/2549
During the arrest and investigation, the three defendants provided information about their domicile. Description And other details of the Chor., Who hires the three defendants to carry drugs to punish the property to send to the customer. When the investigating officer showed the photos of the three S.S. defendants, confirming that they were the same person as B. In fact, causing the arrest warrant to be issued. Based on the above facts, the three defendants provided important and useful information such as Especially in the suppression of drug-related offenses, punish the police officers and investigative officers Therefore deems appropriate to place a penalty lower than the two lower courts stipulated under Narcotics Act, Section 100/2 on the grounds that the Supreme Court reduced the penalty to the 2nd and 3rd defendants as the case in the case. Although the Supreme Court allowed the 1st Defendant to withdraw the Supreme Court, which has the same effect as the 1st Defendant, not the Supreme Court. The Supreme Court shall have the power to adjudicate to the 1st defendant who did not appeal to the Supreme Court in accordance with the Civil Procedure Code Section 213 consists of Section 225
Ways to defense cases
1. If fighting, how should the evidence be prepared?
Respond to drug cases, the essence is in the middle If staying in, it is difficult to fight the case. But if the belongings are not at the moment of being arrested Or still have doubts about who is the owner of the property Have the opportunity to fight the case
1.1. Examine the records of arrests by the police or the PorChor. Because they cannot testify, extend the conflict or be different from the arrest records.
1.2. Items found in the house of the accused If one of the accused already accepted as the owner Most others will come out.
The location of the middle. If concealed, the wrong person is the owner of the room, but other people in the room may have doubts that Unaware that there is a drug in the room Still have a way to fight the case
1.3. Accumplice witness or hearsay evidence Weigh less Cannot be used as evidence for listening to punish the defendant alone. According to the Civil Procedure Code Section 227/1, there must be other primary witnesses to supplement, such as finding evidence of money transfer. Phone number etc.
1.4. Banknote bought The finding of bank notes in the accused Does not mean that Acquired from drug distribution If there is not a close time period, contact with the time for selling drugs. And the plaintiff has no witness to confirm that he saw the defendant selling drugs There may be suspicions that the defendant may accept the banknote for other reasons.
1.5. Temptation to buy drugs If the accused already has drugs And spies to buy are considered to be done according to Section 2 (10) of the Civil and Commercial Code and are seeking legal evidence But if the accused does not possess drugs in his possession But forced or used to find drugs to deliver to the police is considered a lure to buy unlawful Evidence Cannot listen to punish the defendant
1.6 Witnesses in arrest And those who witnessed the event It is important to the case, including the scene. Arrest circumstance Intimidation or physical assault To confess
2. How much is the chance of winning the case?
Answer : depends on the defense of the defendant in drug cases. In the denial of the court case Causing the court to see that it was illegal And the case still has doubts that the drug may not belong to the defendant. If attestable, win But if unable to attest, then lose
3. cases, confess And without desire to fight the case What should be done? To make the most of
Answer : Let the lawyer submitting a petition to the court requesting the punishment of the sanctuary And declare to the court to ask probation officers to investigate about education, occupation, burdens, caring for parents, virtuous children in order to reduce the punishment The confession, the court will reduce both imprisonment and fines.
4. What are the terms of parole?
Answer : The defendant had never made a mistake before. And the court sentenced the imprisonment to no more than 5 years
Policy on Narcotics Lawyer Team : Having experience in understanding drug laws Laying out clear guidelines for fighting cases without lobbying
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