การตรวจพิสูจน์พยานหลักฐานดิจิทัล กรณีความผิดตามประมวลกฎหมายอาญาหมวดคดีความมั่นคง

Abstract

This article aims to study problems and limitations of digital forensics in criminal procedure of crimes against national security and elucidates the special characteristics of digital evidence as well as rules regarding the admissibility of evidence in a criminal trial by applying a variety of different sources, from the most recent articles, books, research papers, and in-depth interviews with scholars who involve in digital forensics. This research found that in criminal cases, that relate to digital evidence, especially, crimes against national security, which state is the plaintiff, demonstrate injustice performed on defendants, for example, the limitation to access and gather digital evidence and rights of defendants in crimes against national security, including the hearing and the preponderance of digital evidence. This research suggests that in every step of criminal procedure for digital forensic management, particularly, investigation process, the inquiry process, gathering of digital evidence, and the digital evidential hearing should have clear standards of conduct and practice to meet international standards and should give an opportunity of participation to other potential agencies in digital evidence forensics. Furthermore, there should be laws or guarantees that create standards for forensics, that lead to bringing justice to every party in the criminal justice process.