Problems Regarding the Obtaining of Evidence for the Prevention and Suppression of Corruption of the Office of the National Anti-Corruption Commission of Thailand

Abstract

This research article aims to propose the legislating of the special investigative techniques from Article 50(1) of the United Nations Convention against Corruption (UNCAC) into the Organic Act on Anti-Corruption Act B.E. 2561 (2018) of Thailand. A doctrinal research methodology was imposed in this research article by conducting a comprehensive analysis of the obligations under Article 50 of the UNCAC. Furthermore, the domestic laws of England and Wales, the United States of America 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 article had concluded that the special investigative techniques needed to be legislating into the Organic Act on Anti-Corruption Act B.E. 2561 (2018) of Thailand to successfully combat public sector’s corruption in Thailand because the conventional investigative techniques are insufficient to obtain criminal evidence in the corruption cases. Nonetheless, there must be a strike balance between the imposing of the special investigative techniques and the violation of individual’s human rights.