Section 19 18In exercising the authority of a competent official under Section 18(4),
(5), (6), (7) and (8), the competent official shall file a petition with the court having
jurisdiction requesting for an order to permit such competent official to act in accordance
with the petition. The petition must specify a reasonable ground to believe that a person
commits or is going to commit any act which is an offence, a reason to exercise his/her
power, the manner of commission of the offence, details relating to the equipment used in
committing the offence and the offender, in so far that is known and can be specified as part
of the petition. In considering such petition, the court shall consider such petition
expeditiously.
After the relevant court has granted such order, prior to exercising his/her authority
in accord with the court’s order, the competent official shall deliver to the owner or
possessor of the computer system for keeping as an evidence, a copy of the note stating the
reasonable ground(s) to believe and that such authority under Section 18(4), (5), (6), (7)
and (8) must be exercised. In the event that no owner or possessor of the computer
hardware (or system) is present there, the competent official shall later deliver a copy of
such note to the owner or possessor of the computer hardware (or system) as soon as
practicable.
The competent official who leads the exercise of authority under Section 18(4), (5),
(6), (7) and (8) must submit a copy of the report, describing the details of the exercise and
reasons for such exercise to the court having jurisdiction within 48 hours from the time of
the exercise, as evidence.
Making a copy or copies of computer data under Section 18(4) may be done only if
there is a reasonable ground to believe that the offence has been committed and in doing so
is notcaused any obstruction to the operation of the owner or possessor of computer data in
excess of necessity.
In confiscating or attaching the computer system under Section 18(8), in addition to
the provision of a copy of the document showing the confiscation or attachment to the
owner or possessor of the computer system as evidence, the competent official shall not
confiscate or attach such computer system for a period exceeding thirty days. In case of a
necessity which requires the confiscation or attachment in excess of thirty days, the
competent official shall file a petition with the court having jurisdiction requesting for an
extension of time for such confiscation or attachment. The relevant court may order one or
more extensions of time totalling not exceedingsixty days. Once there is no longer the
necessity to confiscate or attach the computer system or the allowed period of confiscation
or attachment has expired, the competent official shall instantly return the confiscated
computer system to the owner or the possessor of the computer system or revoke the
attachment.
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Section 19 is repealed and replaced by the Computer-Related Crime Act (No. 2), B.E. 2560.
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