CRIMINAL OFFENSE AND SANCTIONS FOR MISUSE OF EMERGENCY NUMBERS

Abstract

This thesis is a study on the determination of offenses and sanctions for misuse of emergency number in accordance with the existing laws and the Bill on Organization to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services (No. ..) B.E. .... in the section on the determination of the use of emergency numbers without emergency. This is a documentary research and compared with the laws of foreign countries, including the United States, England and Singapore.

The research found that misuse of emergency numbers in Thailand is currently no provision for misuse of emergency numbers. It must be applied to the general provisions set forth in the Criminal Code section 397 offenses cause nuisance which is not clear enough. Also, if a government agency providing emergency services wishes to claim unlawful emergency numbers, it is under the tort liability under the Civil and Commercial Code that makes it difficult for government agencies to prove liability. In the meantime, even with the drafting of the Organization to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services (No. ..) B.E. .... that set specifically offenses and sanctions for misuse of emergency number. However, it is inconsistent and does not adequately and effectively solve the problem of emergency numbers. There is also a lack of government authorities to claim compensation from the misuse emergency number of users specifically.

The research are suggestions other than those set out in the Bill on Organization to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services (No. ..) B.E. .... . (1) The Bill should set an offense for those who own or possessor of the telephone number of the offender using the emergency number if the person is intent on using or knowing that the person is using his or her phone for an offense. (2) The Bill should set offenses for parents or guardians of minors and persons who care for person of unsound mind are liable for the consent of a minor or a person of unsound mind to commit an offense related to the misuse of emergency number. (3) The Bill should be additional measures to be taken against the offender, such as doing public service and attend training to be consistent with the purpose of rectifying the offender. (4) The Bill should set an offender who misuse emergency number should be required to pay compensation in the event of an out of office worker who requests a non-recurring emergency number that under the strict liability principle.