Abstract:
The Revenue Code of Thailand stipulates the specified elements of criminal offence action and its penalty. Thus, it could be classified as a criminal law. Despite its unique characteristic, tax criminal offence under the law of the law of the Revenue Code is different from general criminal offence which focuses on physical body and life. Tax offence actions objectives emphasize solely on property or money related benefits through utilization of tax knowledge and skilled experience relating to tax system of offender such as tax avoiding or tax fraudulent, etc. Therefore, tax criminal offence is apparently defined as one of economic crimes. In theory, polices investigating authority in tax criminal offence may emerge when revenue officer under the proclamation of revolution team No.8. makes a petition. According to the proclamation, the investigation system in line with tax criminal offence has raised problems in both level of revenue officer and investigation level. The problems brought into consideration can not be found as legal problem, but also law enforcement; for example, restriction of the polices power to initiate investigation, uncontrollable revelation of concerned evidences, and communication between revenue officer and investigation police, etc. In my point of view, to resolve the investigating problems, the investigation system must accordingly depend on the type of tax criminal case as follows. Category 1. One and the same act of criminal offence applicable to several rules of law, the investigation system appropriating to such case is the Special Investigation Unit (SIU) because the criminal penalties applicable to most of related cases are regulated in both Penal Code and Revenue Code. By implementing such procedure, the revenue officer must work with the police. Category 2. One and the same act of criminal offence applicable to only one rule of law ; for example, the tax criminal offence under Section 3 bis of the Revenue Code. The revenue officer will be authorized to immediately investigate when offender refuses to pay a fine under revenue officers decision