The problem of extending the legal age: case of fine paying on computer-related Offenses impact on the accused

Abstract

This article explores 1) problems of the fine payment according to the Computer Crime Act B.E 2560 (2017), 2) rights of the accused who was affected by the extension of prescription when the fine was not paid within the prescription, and 3) the problems of the collection of evidences and the justice facility after the extension of the prescription when the fine was not paid within the prescription based on the Computer Crime Act B.E 2560 (2017), section 17/1.

It was found that, according to the rights of the accused, based on section 17/1 0f the Computer Crime Act B.E 2560 (2017), there were both beneficial and harmful effects on the accused. According to the beneficial effects, it is a chance for the accused to pay the fine. On the contrary, the harmful effects can be the uncertainty of the length of prosecution. Therefore, there is a suggestion that the payment of fines should be amended. A certain period of fine payment should be clearly specified. According to paragraph 3 and paragraph 4 of section 17/1 of the Computer Crime Act B.E 2560 (2017), the case ends when the fine payment committee receive the fine no longer than  15 days, in accordance with section 39 of the Criminal Procedure Code.

In case the accused neglects to pay the fine within the prescription, to avoid the negligence on the part of the accused on the fine payment, the extension of the prescription is the period of 30 days after the ending date of the previous prescription. In addition, there should be clear regulations or guidelines for the fine payment committee to extend the fine payment period in order that the official can process with the case when the case is barred by prescription. Moreover, the extension of the prescription should be done only one time in order to create the working standard.