Offences relating to Electronic Cards under the Criminal Code

Abstract

This research on offenses relating to Electronic cards under the Criminal Code is a documentary research with a purpose to (1) study the offenses as related to electronic card uses in accordance with Section 4 of Act 7 in the 2nd Part of the Criminal Code and with the sentences of the Supreme Court, as well as to make  case studies to apply in classes for the Bachelor and Master Degree studies of the Faculty of Law, Sukhothai Thammathirat University; (2) to analyze any flaws in the law relating to electronic card; (3) to anylyze the conditions of law enforcement; and (4) to propose the improvement of law in order to enhance the efficiency of law enforcement.

The study has found that the law on offenses relating to electronic card under the Criminal Code does not cover the acts that cause damages to the card itself. Also, some nature of offenses relating to electronic card cannot be defined as offensive and still has to refer to former laws that exist prior to the amendment of the Criminal Code on electronic card, to apply according to each of the certain offenses. The study also found some laws that, even though they have no objective to protect the electronic card directly, the laws can be interpreted or adjusted for enforcement in specific cases. However, there are some offenses that no law adjustment can be applied  to and thus cause a loophole in the Criminal Code . The conclusion of this study, therefore, is to amend and include definition and offense bases relating to electronic card under the Criminal Code.