การดำเนินคดีอาญาต่อนักกิจกรรมทางการเมืองด้วยวิธีล่อให้กระทำความผิดเกี่ยวกับคอมพิวเตอร์

Abstract

The objectives of this study were to study the problem of using the justice system as a political tool that is contrary to the legitimacy of the rule of law by luring computer-related offenses. This research aimed to know the problem condition, law, criteria, conceptual process, and theories used about criminal prosecution against political activists including guidelines on evidence obtained from enticing the offender from documents, textbooks, analyzing provisions, judgment liens, and relevant laws also the principle of the protection against criminal prosecution and visit the area to interview relevant officials and academics. Thailand currently uses social media as a tool for political expression whether distributing information, attitude expression, and participation in city activities. This has led to concerns about the state's inability to control political expression in such social media. The study found the interesting point that the state has chosen to use the judicial process by luring crimes to obtain evidence in criminal proceedings against political activists by using distinctive authority to order which is against the law to be under control and to enter the criminal justice process. The Recommendations from this research, in Thai's criminal justice system, there is no law on the lure of wrongdoing and examine the authority who illegally seeks evidence. Therefore, there should be an approach to amend the principle of prohibiting wrongful hearing of evidence, a principle that prohibits hearing, namely amending the provisions of the Criminal Procedure Section 226, by applying the exceptions provided in Section 226/1 mutatis mutandis. The exclusion of witnesses is strictly used in the consideration and requires the court to use the discretion by law and limiting the scope of authority of government officials to perform their duties within the legal framework.