ELECTRICITY THEFT FOR BITCOIN MINING: A MODERN ECONOMIC CRIME WITH SEVERE IMPACTS ON THAILAND

Abstract

This article examined the problem of electricity theft for the purpose of Bitcoin mining, a form of modern economic crime that has been increasingly widespread globally, including in Thailand. Such offenses severely affected the state through lost public utility revenues, weakened energy security, and diminished trust in the Thai legal system. This article analyzed the legal basis under Thai law  particularly Sections 334 and 335 of the Penal Code along with relevant Supreme Court decisions, and compares them with legal measures and enforcement practices in South Korea, China, and the United States. The study applied the theoretical frameworks of utilitarianism, public interest theory, and the concept of economic (white-collar) crime to assess the adequacy of Thailand’s current laws in deterring such misconduct. The findings reveal that Thailand lacks specific legal provisions to effectively address this complex and systemic behavior. Penalties under current laws remain disproportionate to the scale of damage caused. The study proposes categorizing electricity theft for cryptocurrency mining as a distinct form of economic crime, establishing a penalty structure based on the amount of economic damage, and allowing for the confiscation of digital assets and enhanced criminal enforcement.