แนวทางปรับปรุงแก้ไขความผิดฐานไม่แจ้งแก่เจ้าหน้าที่เกี่ยวกับทรัพย์ที่ได้มาโดยทุจริตตามพระราชบัญญัติควบคุมการขายทอดตลาดและค้าของเก่า พ.ศ. 2474

Abstract

This individual study has the purposes of studying revision approaches regarding the offense of failure to notify a public officer of property acquired fraudulently under the Control of Sale by Auction and Trade of Antiques Act, B.E. 2474 (1931). The conceptual framework of this legislation is examined alongside a comparative analysis of this offence in other countries and related offences under the Thai legal system, in order to propose appropriate approaches aligned with the Thai social context and legislative intent. The findings reveal that the law imposes a duty on licensed second-hand goods dealers to notify a public officer of dishonestly acquired property in order to avoid property-related crimes and the distribution of stolen goods; however, the terms “Dishonestly Acquired Property” and “Reasonable Grounds for Suspicion” show lack of clarity implying a reliance on subjective interpretation. This undermines the principle of legal certainty in criminal law. Furthermore, the structure of the notification does not contributes effective law enforcement, while the prescribed penalties are disproportionate to the nature of related or comparable offences, thereby contravening the principle of proportionality in criminal punishment. Accordingly, this study proposes that clearer statutory definitions be established and that the provisions concerning the offence of failure to notify a public officer be revised, particularly in relation to the notification framework and the appropriateness of criminal penalties, to ensure greater consistency with the criminal law principles. Additionally, practical guidelines for secondhand goods dealers are recommended to support legal compliance. These measures are expected to enhance the efficacy of legal enforcement and better achieve the legislative intent.