Narcotic Division
Drug issues and the Establishment of the Narcotic Case Division in the Supreme Court
Drug abuse has long been a critical issue causing significant damage to Thailand, leading to a continuous upward trend in the number of narcotics cases reaching the Supreme Court. In response, Mrs. Anocha Chevitsophon, the President of the Supreme Court at the time, initiated the establishment of the Narcotic Case Division within the Supreme Court. The objective was to assemble Supreme Court justices with specialized expertise in narcotics law to collaborate and ensure that judgments in such cases are accurate, thorough, and rendered more expeditiously.
The Judicial Administration Commission (J.A.C.) resolved to approve the establishment of this division during Meeting No. 11/2566 on November 13, 2023. Subsequently, the "Announcement of the Judicial Administration Commission Regarding the Establishment of Divisions in the Supreme Court (No. 6)" was published in the Royal Gazette on the same date. The Narcotic Case Division has the jurisdiction over Supreme Court cases involving narcotics laws, including petitions for leave to Dika appeal in narcotic cases and other similar cases as designated by the President of the Supreme Court. The division officially commenced operations form 27 November 2023 onwards.
Narcotic Case Procedure Act, B.E. 2550 (2007)
Section 18: The Court of Appeal shall conduct the trial, render a judgment, or issue an order without delay. Subject to the provisions of Section 16 and Section 19, the judgment or order of the Court of Appeal specifically regarding acts constituting narcotics offenses shall be final.
Regarding the judgment or order of the Court of Appeal concerning other acts which are not narcotics offenses, the parties may appeal to the Supreme Court (Dika) under the provisions governing appeals to the Supreme Court pursuant to the Criminal Procedure Code.
Section 19: In cases where the Court of Appeal has rendered a judgment or issued an order in a narcotics offense case under Section 18, paragraph one, the parties may submit an application by way of a motion, together with the appeal (Dika), to the Supreme Court within one month from the date the judgment or order of said court was read or is deemed to have been read to the party requesting leave to appeal, seeking to have the appeal accepted for adjudication.
Upon receipt of a motion under paragraph one, the Supreme Court may consider accepting the appeal for adjudication on any particular issue if it deems that such issue is a significant matter which the Supreme Court should decide.
In cases where the Supreme Court issues an order not to accept the appeal for adjudication, the case shall be final from the date the judgment or order of the Court of Appeal was read or is deemed to have been read.
The rules and procedures for submitting applications, as well as the consideration and issuance of orders granting or denying leave to appeal under paragraph one, shall be in accordance with the Regulations of the Plenary Session of the Supreme Court. Such regulations must, at a minimum, specify a timeframe for the order denying leave to appeal that is not inconsistent with or contrary to the performance under Section 262 of the Criminal Procedure Code.
The regulations under paragraph four shall become effective upon their publication in the Royal Gazette.