Legal Issues Regarding Protection of Victims and Witnesses in Cybercrime Cases

Abstract

This research consists purposes were 1. to study the concepts, theories, and principles relating to the protection of victims and witnesses in online crime cases 2. to study the legal measures concerning the protection of victims and witnesses in online crime cases in foreign countries and Thailand 3. to analyze legal problems relating to the protection of victims and witnesses in online crime cases and 4. to study guidelines for resolving legal problems relating to the protection of victims and witnesses in online crime cases. This study employed a qualitative research methodology by collecting data from various relevant documents. The data gathered from the related documents were then analyzed through content analysis. The findings revealed that 1) Regarding the definitions of victims and witnesses in online crime cases, it was found that Sections 309 to 313 of the Penal Code and Sections 172 to 175 of the Criminal Procedure Code establish an interpretative framework for victims and witnesses based on crimes involving physical acts, face-to-face confrontation and clearly identifiable time and place. However, online crimes may occur without direct confrontation, may involve the use of aliases, or may be committed across borders, while causing rapid and continuous harm to reputation, personal data and mental well-being. Consequently, adherence to the traditional interpretative framework results in certain victims in online crime cases being unable to clearly obtain legal recognition of their status or access protection measures under the Witness Protection Act B.E. 2546 (2003), particularly in emerging forms of risk such as doxxing and cyber harassment 2) Regarding remedies for victims in online crime cases, it was found that although the Penal Code and the Computer Crime Act B.E. 2550 (2007) and its amendments can impose criminal liability in various cases, such as child pornography, revenge porn, and deepfake offenses, there remains a lack of specific remedial mechanisms, including the rapid removal or suspension of harmful data, reputation rehabilitation, and continuous psychological assistance. At the same time, the Compensation for Victims and Compensation and Expenses for the Accused in Criminal Cases Act B.E. 2544 (2001) limits compensation primarily to damages relating to life, bodily harm or liberty, thereby making psychological harm, reputational damage and privacy violations difficult to remedy. Furthermore, the Personal Data Protection Act B.E. 2562 (2019) contains exemptions for the performance of state duties, resulting in the absence of systematic mechanisms to review the necessity and proportionality of data usage in criminal proceedings 3) Regarding the protection of victims and witnesses during the investigation process, although Section 6 of the Witness Protection Act B.E. 2546 (2003) permits witness protection from the investigation stage onward, the interpretation of the term “danger” remains grounded in offline forms of risk. As a result, online crime-related risks, such as the disclosure of personal information, cyber harassment or reputational attacks, are not regarded as urgent threats requiring immediate protection and 4) A draft amendment to the Witness Protection in Criminal Cases Act (No. …) B.E. …. was proposed, consisting of: (1) Principle: This amendment to the law on witness protection in criminal cases aims to define the term “online crime case” and (2) Rationale: Due to the evolving nature of online crimes, which differ significantly from traditional forms of crime, victims and witnesses are increasingly exposed to cyber risks, including harassment, disclosure of personal information, reputational attacks, and repeated victimization through digital systems.