Measures for Defining the Period of Safety in Drug Trafficking Offenses

Abstract

This research aims to1) examine the problems of defining the safety period in drug trafficking cases 2) study and compare safety period measures under Thai and foreign laws and 3) propose appropriate measures for Thailand. A qualitative research methodology was employed through documentary analysis of academic texts, research papers, and relevant legislation both domestically and internationally.

         The findings reveal that Thailand's drug offence recidivism rate stands at 68.53 percent. As of 1 February 2025, there were 203,598 drug-related prisoners out of a total prison population of 282,445. A key contributing factor is that Section 52 of the Corrections Act B.E. 2560 (2017) merely provides incentive-based privileges for well-behaved prisoners, rather than constituting a genuine social safety period, as it neither assesses the dangerousness of individual prisoners nor involves judicial oversight. Comparative analysis shows that the United States applies Determinate Sentencing; France employs La période de sûreté of up to 22 years; and the United Kingdom mandates a Minimum term of 15–25 years.

This research proposes explicitly legislating a "social safety period" under which courts are empowered to impose a minimum non-reducible custodial term. Three tiers are recommended: 10–15 years for general serious cases; 15–20 years for major traffickers or repeat offenders; and 20–25 years for organised crime involvement. A judicial should allow courts to reduce or lift the safety period upon verified rehabilitation progress. These measures would balance public protection, the principle of proportionality, and fundamental human rights.