Vol.4 No.3 (กรกรฏาคม-กันยายน w.ศ.2564)
Research Title : The Efficiency of the Enforcement of the Anti-Participation
in Transnational Organized Crime Act B.E. 2556’
Researches : Asso.pro.Dr(Sumonthip Chitsawang)
The research on ‘The Efficiency of the Enforcement of the Anti-Participation in Transnational Organized Crime Act B.E. 2559’ has three key objectives: first, to study measures for enforcing laws against transnational organized crimes in foreign countries; to assess operations, impact and difficulties in enforcing the Act; and to make recommendations for increasing efficiency in enforcing the Act. The research used both quantitative and qualitative methods, including documentary study, focus group, stratified sampling of 200 persons related to law enforcement and criminal justice, and 28 in-depth interviews.
The findings are that since the Act became effective in 2013, only ten cases with regard to transnational organized crimes have been enforced. This is due to the fact that the law enforcement officers have little knowledge, lack of experiences and guidelines on implementing this Act. Moreover, the implementation of the Acthas many obstacles: difficulties in using special techniques;hardship to obtain the proof of guilty of transnational criminal organizations; and a lack of cooperation among criminal justice agencies. In some cases, the difficulties also arise from the fact that the transnational criminal organizations are powerful and their criminal behaviors tend to be complicated. Thus, the witnesses might be threatened or be filled of fear of intimidation. Additionally, there is also difficulty in collectingthe evidences from foreign nations.
Regarding the assessment of the efficiency in the Act enforcement, it is found that the enforcement of the Act achieves some efficiency. First of all, the Act can be used as an instrument to prevent and suppress crimes that cause serious economic damages even though it has been enforced in only few cases, comparing to large number of transnational organized crimes. Furthermore, the enforcement of the Act of such few cases can meet legislative intent by sending the wrongdoers to serve long-term imprisonment and seizing property from them for over 100 million Baht.
Recommendations for this research study are that, firstly, a policy emphasizing on the implementation of this Act should be effectively imposed. As a matter of fact, since the Act came into force, only some cases of transnational organized crimeshave gone to trials because most officers apparently lack understanding about the Act. In addition, there is difficulty in enforcement. As such, there should be a training course or seminar offered to relevant staff. The manual for training the practitioner officers on enforcing the Act should be also made. Besides, the establishment of a new committee to screen the cases related to transnational organized crimes is necessary. Further, the creation of fund for enforcing the Act and the clear rules and regulations for implementing the Act should be introduced. Lastly, the cooperation and greater integration within criminal justice agencies should be actively encouraged.
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