Deployment of Special Investigative Measures for Searching Evidence in Transnational Organized Crime Case: Study of Human Trafficking Case

Abstract

The purposes of the study were as follows: 1) to study the concept, theories, meaning, nature, form, and scope of transnational organized crime under the United Nations Convention against Transnational Organized Crime of year 2000 and human trafficking; 2) to study nature, form of special investigative measures in transnational organized crime case under the United Nations Convention against Transnational Organized Crime of year 2000; 3) to compare legislation in the United States, Germany and Thailand related to special investigative measures in transnational organized crime case especially in human trafficking case; and 4) to propose a law reform for Thai legislation related to transnational organized crime case especially in human trafficking case. The research article was conducted using qualitative research methodology The result of research were found that even though Thailand has mainly implemented article 20 of the United Nations Convention against Transnational Organized Crime of year 2000, it still found the problem of violation of fundamental right of citizens under Constitution, the problem of using special investigative measures for searching evidence in human trafficking case, the problem of using special investigative measures for admissible evidence in human trafficking case, the problem of competent official’s authority for searching evidence by using special investigative measures in human trafficking case, and the limitation of Special Case Inquiry Official in the power of arrest. The result of this research suggests that the provision of checking for the access document or information relating to human trafficking offence by judge must be included in the Regulation of the President of the Supreme Court on Granting Permission for Competent Official an Access to the Information on Commission of Human Trafficking offence on 4 November B.E. 2557 (2014). Moreover, the Anti-Trafficking in Person Act, B.E. 2551 (2008) should be amended to include the provision of using special investigative measures in urgent case. Lastly, the Anti-Trafficking in Person Act, B.E. 2551, should be amended to include the provision of the competent official under human trafficking offence in performing the duty the same as the governing officer and the inquiry official under Criminal Procedure Code.