Enhancing the Efficiency of Investigations in Money Laundering Offenses: A Study of the Integration of Investigative and Prosecutorial Functions under the Anti-Money Laundering Act B.E. 2542

Abstract

This research consists purposes were 1. to study the principles, concepts and theories related to the investigation and investigative powers in criminal cases involving money laundering under the Anti-Money Laundering Act B.E. 2542 (1999) 2. to compare the investigative powers of police officers and public prosecutors under Thai and foreign laws 3. to analyze the limitations, problems and impacts of the money laundering investigation system under the Anti-Money Laundering Act B.E. 2542 (1999) on the efficiency of the justice system in Thailand and 4. to suggest ways to amend and improve laws regarding the investigative powers for offenses under the Anti-Money Laundering Act B.E. 2542 (1999). This study employed a qualitative research approach based on a comprehensive review of relevant documentary sources, including textbooks, theses, academic publications, legal provisions, legal documents and publications, as well as information disseminated through electronic media in both Thai and foreign languages. The data collected from these relevant documentary sources were subsequently analyzed using content analysis. The findings indicate that 1) improving the efficiency of money laundering investigations requires transparency, accountability and effectiveness Based on the rule of law and civil liberties, the researcher suggests that 2) In other countries, the concept of state-led criminal prosecution exists, such as in the United States and France, where prosecutors are empowered to participate in the investigation of money laundering cases from the outset 3) Money laundering is a serious and complex crime, intertwined with other crimes such as drug trafficking, gambling, prostitution, human trafficking and corruption and often involves influential figures and politicians. The current Criminal Procedure Code grants investigative powers solely to investigating officers, which may lead to inefficient investigation and prosecution processes and 4) Therefore, the researcher recommends amending the Anti-Money Laundering Act B.E. 2542 (1999) to stipulate that prosecutor participate in and be responsible for the investigation and prosecution of money laundering offenses from the beginning until the case is concluded. This would treat the investigation and prosecution of money laundering offenses as a single, inseparable process, thereby improving the efficiency of investigations and prosecutions and aligning with the specific characteristics of money laundering cases.