Guidelines for Prosecution of Theft against Digital Assets and Electronic Data

Abstract

This research is aimed at studying the problems and obstacles in criminal proceedings against theft committed against digital assets or electronic data, studying litigation in other countries, and giving suggestions to improve relevant provisions of law.  The scope of the research focuses on the problems and obstacles in criminal proceedings against theft, by methods of collecting primary data from in-depth interview with public prosecutors and inquiry officials qualified in criminal proceedings; and secondary data from literature reviews.  It is found that the nature of crimes found is both aimed at digital assets and electronic data in way of taking ownership of the owner, and secretly copying or exploiting the known electronic data for any other purpose.  At present, the statutory provisions and court decisions are not yet clear.  Some law enforcements then have opted to apply offences against electromagnetic records to the cases.  However, the offences against electromagnetic records and offence of theft have different elements of law and penalties.  Also, the power of the public prosecutors to restore properties for the two offences are different.  As for litigation approaches in other countries, there are both offences of theft to cover certain types of intangible assets, and legal provisions for specific offences apart from the offence of theft.

                The researcher, therefore, has recommended that in terms of amendment of law on offences, there should include the definitions of “thing” and “property” in the Penal Code to cover the object of action that is digital assets or electronic data which is intangible property; along with imposing specific offences in order to cover certain offences which do not amounting to taking away of the ownership from the owner which constitutes the offence of theft as well as revising the law on the protection of victims’ rights in the Computer Related Crimes Act, B.E. 2007 (as amended). In terms of further research, it should be carried out to ensure the amendment of the Computer Related Crimes Act, B.E. 2007 to be in line with new technology offences committed against digital assets or electronic data.