The Legal issues regarding the basis of Liability and Penalties for the offense of Cyber Fraud

Abstract

Currently, fraud has changed over the years. In particular, it is primarily driven by technological advances, such as mobile fraud, internet banking fraud, or application fraud. These types of fraud attack more victims and cause a higher amount of damage compared with traditional ways of fraud. The existing law includes the Criminal Code and emergency decree on borrowings, which are regarded as public checking and Fraud B.E. 2527. Both laws have been amended but are still inappropriate for current crimes. As for the penalty rate and basis of offense, it results in those who commit fraud receiving the same punishment as fraud or borrowing money that defrauds the public in general cases.
Therefore, in adopting the law as a tool for effectively preventing and suppressing fraud using electronic media and the internet, it is deemed crucial to add cyber fraud offenses to the Criminal Code and the Emergency Decree on Borrowing of Money, Fraud of the Public, B.E. 2527. The proposed higher penalty rate for cyber fraud, compared to ordinary fraud, takes into account the increased number of victims and the higher value of damages. Theses amendments have the potential to significantly impact the deterrence and punishment of cyber fraud.