Protective Measures for Victims who are Defrauded Into Transferring Money into

Abstract

This research article aims to examine the patterns of using mule accounts, as well as the protective mechanisms for victims who are deceived into transferring money into mule accounts, both in terms of preventive and deterrent measures and compensatory remedies. The scope of protection covers cases in which victims are deceived but have not yet transferred money, as well as cases after funds have already been transferred into mule accounts. This study employs documentary research methods, analyzing data from books, textbooks, academic articles, research papers, and relevant laws of the Kingdom of Thailand, the United Kingdom, and Japan. A comparative analysis is conducted in order to identify appropriate mechanisms for protecting and remedying victims, given the absence of explicit legal provisions in this area.

The findings reveal that the most severe damages arising from the use of mule accounts occur in cases of online trading fraud and investment scams. With regard to deterrence and prevention, certain legal provisions and preventive measures to inhibit the transfer of funds into mule accounts have already been established. However, in terms of mechanisms for compensating and remedying victims, the study finds that no specific legal provisions currently exist.

The researcher offers the following recommendations: 1) Amend and supplement the legal provisions on victim protection and remedies under the Emergency Decree on Measures for the Prevention and Suppression of Technology-Related Crime B.E. 2566 (2023), No. 2, particularly with regard to the restitution of funds to victims. This includes increasing the liability of telecommunications service providers and financial institutions, as well as clarifying the liability of depositaries under Sections 672 and 673 of the Civil and Commercial Code. 2) Strengthen measures to detect, freeze, and close mule accounts, and impose effective sanctions and deterrent labeling against offenders. 3) Establish a one-stop service reporting system and enhance public awareness. The effectiveness of these measures depends on integrated cooperation among all relevant sectors and continuous legal reform in order to safeguard the property of the public and ensure the economic security of the nation.