MINISTERIAL REGULATION UNDER THE SPECIAL CASE INVESTIGATION ACT TAKES EFFECT ON JANUARY 2023

On 18 January 2023, the Ministerial Regulation Determining Additional Special Cases According to the Special Case Investigation Act B.E. 2566 (2023) (the “Ministerial Regulation”) was published in the Government Gazette to amend the Special Case Investigation Act B.E. 2547 (2004), and came into effect as of 18 January 2023. 
  
Under the Ministerial Regulation, criminal offences under the following laws are considered as special case: 

1. Offence according to Land Code
2. Offence according to Narcotics Act 
3. Offence according to Criminal Code, specifically with respect to child pornography
4. Offence according to Revenue Code 
5. Offence according to Computer-related Crime Act 
6. Offence according to Foreign Business Act 
7. Offence according to Anti-Human Trafficking Act
8. Offence according to Wildlife Conservation and Protection Act 
9. Offence according to Prohibition of Excessive Interest Rate Act
10. Offence according to Cosmetic Products Act 
11. Offence according to Financial Institution Business Act 
12. Offence according to Forests Act
13. Offence according to National Reserved Forests Act 
14. Offence according to Excise Act 
15. Offence according to Narcotics Act
16. Offence according to Minerals Act
17. Offence according to Hazardous Substance Act 
18. Offence according to Customs Act
19. Offence according to Food Act
20. Offence according to National Park Act

However, only criminal cases mentioned above with details of the offence specified by the Special Case Committee are applied under the Ministerial Regulation. 

The purpose of the Ministerial Regulation is, among others, to increase the punishment for offences relating to child pornography, excessive interest rates and narcotics, because said criminal acts may have a serious impact on public order and good morals of the people of Thailand, as well as on national security, international relations and the economic or fiscal system of Thailand. In addition, they may be considered as major international crimes, actions of a criminal organisation, have significant influence as the principal, instigator or supporter, have administrative authority or senior police officers who are not a Special Case Inquiry Officer or a Special Case Officer as a suspect when there is reasonable evidence that they may probably commit a criminal offence or being an accused or  alleged offender. 

Offences according to Alcoholic Beverage Control Act and Tobacco Control Act are excluded from Annex to Special Case Investigation Act, thus they are no longer considered as special cases. However, an offence according to the Computer-related Crime Act and Intellectual Property law which would have a significant impact on the economy of Thailand are still included in the Annex to the Special Case Investigation Act. 

Based on statistics published by the Department of Intellectual Property, there were a total of 42 special trademark infringement cases brought under the Special Case Investigation Act during 2018-2022. Accordingly, litigation through the Department of Special Investigation (DSI) is another enforcement channel for investors, especially with regard to intellectual property cases. 

For further information, please do not hesitate to contact us using the contact details below. 
 
 

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