Combating Publicsector’s corruption in Thailand : the need to legislating the special investigative techniques from article 50(1) of the uncac into the supplementing the constitution relating to the prevention and corruption act b”e” 2018 2018 of Thailand

Authors

อ.ดร.ธนัทเทพ เธียรประสิทธิ์

Published

รายงานสืบเนื่องการประชุมวิชาการระดับนานาชาติ (Proceedings)

Abstract

This research article aims to encourage the legislating of the special investigative techniques from Article 50 of the UN Convention against Corruption (UNCAC) into the Supplementing the Constitution Relating to the Prevention and Suppression of Corruption Act BE 2018 (2018) of Thailand. It aims to answer the following research questions:(1) Why must the special investigative techniques be used as legal instruments to obtain criminal evidence in public sector’s corruption cases in Thailand?(2) What are the limitations and problems of the use of special investigative techniques in prosecuting public sector’s corruption cases in the domestic law of Thailand? and (3) How can Thailand develop the use of the special investigative techniques into the domestic law (s) to comply with the international’s standard? To answer these questions, a doctrinal research methodology was used by conducting a comprehensive analysis of the obligations under Article 50 of the UNCAC. Further, the domestic laws of England and Wales, the United States and the Netherlands relating to the issues would be critical analysis to compare with the domestic laws of Thailand. Consequently, the results of this research will contribute to the development of the use of special investigative techniques, as legal instruments to combat public sector’s corruption in Thailand. Eventually, this research had concluded that the special investigative needed to be legislating into the Supplementing the Constitution Relating to the Prevention and Suppression of Corruption Act BE 2018 (2018) of Thailand to successfully combat public sector’s corruption in Thailand because the conventional investigative techniques are not sufficient to obtain criminal evidence in these cases. Nonetheless, there must be a strike balance between the imposing of the special investigative techniques and the violation of individual’s human rights.

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