Legal Measures for Seeking Evidence in Online Gambling Cases

Main Article Content

Chatchai Pucharoen
Suksamai Sutthibodee
Uthai Arthivech
Sumate Roykulcharoen

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.

Article Details

How to Cite
Pucharoen, C., Sutthibodee, S., Arthivech, U., & Roykulcharoen, S. (2022). Legal Measures for Seeking Evidence in Online Gambling Cases. Ph.D. In Social Sciences Journal, 12(2), 535–547. Retrieved from https://so05.tci-thaijo.org/index.php/phdssj/article/view/234622
Section
Research Article

References

Arthivech, U. (2018). Principles and theory: Criminal crimes and punishments. V. J. Printing. [In Thai]

Buacharoen, S., Viwatvanich, C., & Wattanasin, K. (2011). Research project on the causes of human rights violations in the judicial process of police officers. Office of the National Human Rights Commission of Thailand. [In Thai]

Center for Gambling Studies. (2019). Report on gambling situation in Thai society in 2019. Author [In Thai]

Likitchitta, A., Roujanavong, W., Rattananukool, N., & Rungmekarat, S. (2005). The complete research report on the development of laws for the prevention and suppression of transnational organized crime (phase 2). Office of the Attorney General, Institute of Criminal Law. [In Thai]

Murphy, C. J. (2002). Online bookmaking and gaming in the isle of man. Gaming Law Review, 6(1), 89-95.

Office of the Narcotics Control Board. (2004). Guide to the prosecution of conspiracy charges and support Under the Measures to Suppress Drug Offenders Act, 1991. Author. [In Thai]

Thongraweewong, K., Changtam, K., Onnak, P., & Soonpracha, K. (2018). Research report on the framework program to monitor the development and enforcement of online gambling regulations. Thai Health Promotion Foundation. [In Thai]

Watanangura, P. (2001). Problems of transnational crime and security policy: Thai, European and international perspectives. Chulalongkorn University Press. [In Thai]