Legal Measures for Seeking Evidence in Online Gambling Cases
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Abstract
This research article aims to study to (1) the condition of problems in law enforcement regarding online gambling in Thailand. (2) legal measures for seeking evidence in online gambling cases abroad by comparing the laws of the United States of America, the United Kingdom, the Federal Republic of Germany, and Japan with that of Thailand. (3) guidelines for an amendment to Thai law in order to enact a law related to online gambling cases. The law can be used to suppress online gambling in an efficient and appropriate manner in Thailand. The researchers used the qualitative research methodology by using 3 methods of data collection, namely documentary research, in-depth interviews and focus group discussion, and analyzed the data by using content analysis techniques and comparison interpretation.
The results showed that the legal measures to suppress online gambling under the Gambling Act of 1935 do not define the terms “gambling” and “online gambling,” making it impossible to define the form of online gambling as clearly as the United States and the United Kingdom as well as not stipulating legal measures to seek appropriate and specific evidence. This makes it unable to prove the nature of the crime in the form of organized crime in Thailand’s online gambling cases. It is therefore necessary to apply the principles of conspiracy and participation in organized crime in accordance with the United Nations Convention Against Transnational Organized Crime and special investigative methods used to increase efficiency in seeking evidence to be more effective.
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