Abstract:
The development in information technology has led to the increasing use of electronic document system for communications, data collection and evidence of transactions. The use of electronic document may start from the beginning or involve conversion of ordinary paper into electrical document in a later stage. Be that as it may, the issue is whether, and how much, the existing laws can correlate and support the said development as these laws are of importance to and affect the reliability of the use of electronic document. Many studies have found that, despite the enactment of the Electronic Transactions Act B.E. 2544 (2001), the laws and regulations of Thailand cannot fully attain the use of electronic document in place of ordinary paper. Because the substance of the Electronic Transactions Act B.E. 2544 (2001) is not generally considered the true procedural law, both the government and private sectors have no confidence in introducing electronic document as evidence in court. Based on studies of comparative US law, UK law and Singapore law, the legal status of electronic document as well as it evidence rules have been clearly established under the evidence laws of many countries including the admissibility of electronic document in both civil and criminal cases. This thesis will describe the solutions, that is, establishment of procedural and admissibility rules of electronic evidence by the court including the introduction and attestation of electronic evidence. This establishment will benefit the weighing of evidence by the court in both civil and criminal cases. In addition, the court should also establish the policy for securing the electronic document and an office to certify electronic ducument as evidence of transactions done by the government and private sectors with supervision system. Undoubtedly, all of the above will lead to more reliability and comprehensive use of electronic document.