Legal Issues in the Process of Prosecuting Online Fraud Cases

Abstract

The complexity of online fraud has intensified alongside advances in digital technology, creating significant challenges in criminal proceedings, particularly in the collection, examination, and presentation of electronic evidence. A central problem lies in the lack of standardized technological tools and forensic systems for digital evidence analysis, as well as the shortage of experts who possess integrated knowledge of both legal procedures and information technology. These limitations have resulted in delays in investigations, uncertainty in forensic outcomes, and potential risks to the core principle of proof in the criminal justice process.

A comparative review of foreign legal frameworks reveals that France has established centralized digital forensic institutions that operate under standardized procedures, while the United Kingdom strictly applies chain of custody requirements and professional certification for digital forensic specialists. Japan, in turn, has developed an integrated cybercrime investigation structure that centralizes data, training, and technological resources. These models demonstrate that effective management of digital evidence requires a coordinated system of legal standards, organizational structure, and specialized human resources.

In the Thai context, although existing laws such as the Electronic Transactions Act and the Computer Crimes Act provide a basic legal framework for the admissibility of electronic evidence, the absence of unified forensic standards and interdisciplinary professional development continues to hinder the efficiency of verifying factual information in rapidly evolving online fraud cases.

This study proposes systemic reforms including the establishment of a national digital forensic center aligned with international standards, the creation of a certification system for legal and technological experts, clear procedural regulations for handling digital evidence, and the development of specialized training curricula. Such measures would strengthen the capacity of the Thai criminal justice system to effectively respond to digital-era challenges in a sustainable and credible manner.