Financial Crime World

Financial Crimes Investigation Process in Thailand Under Scrutiny

Ensuring Accountability for White-Collar Offenders

The financial crimes investigation process in Thailand has come under intense scrutiny as authorities seek to clamp down on white-collar offenders. The Securities and Exchange Commission (SEC) Office plays a crucial role in presenting cases of suspected financial malfeasance to the Criminal Fining Committee (CFC) for consideration.

The Investigation Process

Filing a Complaint

  • If the CFC determines that a case warrants prosecution, the SEC Office institutes a criminal action by filing a complaint with the Office of Attorney-General.
  • The case then makes its way through the judicial system, with multiple levels of appeal available before reaching the Supreme Court.

Alternative Resolution: Fines Imposed by the Committee

  • If the alleged offender agrees to settle the matter through the CFC process, they may be able to avoid prosecution and instead face fines imposed by the committee.
  • This process is governed by various laws, including the Securities and Exchange Act of 1992, the Derivatives Act of 2003, and others.

Specialized Investigation Units

  • The Department of Special Investigation (DSI) handles cases involving specific types of financial crimes, such as market manipulation and insider trading.
  • If a case is deemed to be a high-profile or complex matter, it may be referred to the DSI for further investigation and prosecution.

Non-Prosecution Orders

  • In some instances, the CFC may choose not to pursue a prosecution, issuing instead a non-prosecution order.
  • However, this decision can be appealed by the SEC Office, and if an appeal is filed, the case will proceed through the judicial system as usual.

Goal of Financial Crimes Investigation in Thailand

The ultimate goal of the financial crimes investigation process in Thailand is to ensure accountability for white-collar offenders and protect investors from harm. By holding perpetrators accountable, authorities aim to maintain public trust and confidence in the country’s financial markets.