Measures to Solve the Problem of Opening a Bank Account for others to use in Committing an Offense (Horse Account): Case Study Sakhon Nakorn Province

Abstract

This research consists purposes were 1. to study the problem of opening bank accounts for others to use in crimes 2. to study concepts, theories, and laws related to solving the problem of opening bank accounts for others to use in crimes. crime according to Thai and foreign laws and 3. to suggest guidelines for improving and amending criminal laws or measures. About solving the problem of opening bank accounts for others to use in crimes. is qualitative research There is a research tool, namely an in-depth interview form. There was a sample size of 30 people drawn from purposive selection. Such as police, bank employees, academics, and people who have previously opened a savings account. That comes from selecting people who have a profession or work related to horse accounting in Sakon Nakhon Province. The information gathered from interview forms and related documents were then content analysis. The results of the research found that 1) Problems with opening bank accounts for others to use (horse accounts), either intentionally or knowingly is an important tool for making crimes easier to complete. It's dangerous behavior. But most of them were released from liability because of the application of other laws that were not specific to their application 2) Applying Sections 83 and 86 of the Criminal Code, implementing the Anti-Money Laundering Act, B.E. 2542, and the temporary law, The Royal Decree on Measures for the Prevention and Suppression of Technology Crimes B.E. 2023 is not yet a specific law. It is seen that the theory of punishment should be used. Principle of absolute liability Principle of assumption of liability and the principles of estoppel Created into a law for social protection to criminalize recipients of direct deposit accounts and 3) Suggestions as guidelines for enacting new criminal laws to be added to the Criminal Code specifically in Chapter 3 for fraud offenses and additional measures to solve problems for banks and police officers.