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VOL. 12, ISSUE 7 (2025)
The public prosecutor’s discretion in ordering criminal case about digital evidence in Thailand
Authors
Sonthon Khongwan
Abstract

Advancements in science and information technology have significantly impacted the rise of computer-related crimes in Thailand, posing critical challenges to the collection and evaluation of digital evidence. Within the Thai criminal justice system, public prosecutors play a pivotal role in exercising discretion on whether to prosecute or dismiss a case. This discretion becomes increasingly complex in criminal cases involving digital evidence, where prosecutors face challenges in assessing the credibility and reliability of such evidence.

This study aims to examine the issues surrounding prosecutorial discretion in handling criminal cases involving digital evidence. Utilizing a qualitative research methodology and in-depth interviews, the findings reveal that while prosecutors recognize the importance of digital evidence in cybercrime cases, problems persist in several key areas. These include the legal enforcement framework, standards of forensic examination, evidence collection procedures, and prosecutors' understanding of digital evidence. These factors contribute to inconsistencies in the exercise of prosecutorial discretion regarding the acceptance or rejection of digital evidence. Based on these findings, this study proposes several solutions: legal reform, the development of standardized protocols for digital evidence collection aligned with international standards, and targeted training programs for prosecutors. These measures aim to enhance prosecutors’ knowledge and provide them with the necessary tools to evaluate the reliability of digital evidence effectively.
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Pages:39-42
How to cite this article:
Sonthon Khongwan "The public prosecutor’s discretion in ordering criminal case about digital evidence in Thailand". International Journal of Multidisciplinary Research and Development, Vol 12, Issue 7, 2025, Pages 39-42
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