Legal Problems Regarding the Prevention and Suppression of Technological Crimes

Abstract

               According to Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes, B.E. 2566 (2023), the nature of the offense of deposit account, electronic cards or electronic money accounts for others to use in committing offenses related to technological crimes and determine criminal grounds for those who engage in the business of procuring, advertising, or disclosing news in order to trade, rent, borrow, or deposit account, electronic cards or electronic money for use in committing offenses related to technological crimes or any other offenses, and those who engage in the business of procuring, advertising, or disseminating news for trading telephone number for a mobile phone service whose user has already been registered in the name of a particular person but cannot be identified. However, the provision does not effectively solve the problem of technological crimes.

               According to the results of the research, the result of the provision does not cover the punishment of employers. Allowing others to open or consent to others to use the deposit account, electronic cards In such cases, they are still liable under Section 84 of the Criminal Code, which is subject to the same penalty as the offender, which is punishable under Article 9 of Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes, B.E. 2566 (2023). Only not more than three years, or a fine of not more than 300,000 baht, or both. Although the important tool in committing technological crimes is the bank account that supports the transfer of money by crime victims. And in the case of possession of a deposit account electronic cards, electronic money account or a telephone number for a mobile phone service that is registered as a subscriber in the name of a person. There is no provision to determine criminal liability, as both the deposit account or the mobile phone number registered in the name of another person are important tools in the commission of technological crimes, including the purpose of selling or distributing the deposit account or the mobile phone number. There is also no provision to determine criminal liability, and for the sake of proving guilt in the part of possession for sale, there should be an assumption in the law, both for the deterrence and for the sake of preventing and suppressing technological crimes.

               Therefore, the provisions of Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes, B.E. 2566 (2023) should be amended and supplemented. In terms of determining criminal liability for employers, Wan used it to allow others to open bank accounts, electronic cards, electronic money account for others to misuse offenses of possession of electronic cards, electronic money accounts, and telephone number for a mobile phone service whose user has already been registered in the name of a particular person but cannot be identified. However, it is not possible to identify the user illegally and the basis for disposing of the deposit account or the mobile phone number of another person, as well as the presumption in the law to prove the guilt of the perpetrator in the possession for sale. Including the offense of disposing of a deposit account or the mobile phone number of another person.