Factors Influencing Money Mule Account Opening: A Qualitative Documentary Analysis through Deterrence Theory and General Strain Theory Frameworks

Abstract

This research was motivated by the concern that, despite the enactment of the Emergency Decree on Measures for the Prevention and Suppression of Technology Crime B.E. 2566 (2023), as amended by B.E. 2568 (2025), which imposes criminal penalties on individuals who open or permit others to use mule accounts, such offenses continue to occur. This situation reflects limitations in the effectiveness of legal enforcement. The objectives of this study were: (1) to examine the factors influencing money mule account opening at both the individual and structural levels; (2) to investigate legal issues relating to money mule accounts under the Civil and Commercial Code, the Penal Code, and the Emergency Decree on Measures for the Prevention and Suppression of Technology Crime B.E. 2566 (2023) and B.E. 2568 (2025); (3) to analyze the factors influencing money mule account opening in conjunction with the aforementioned legal issues; and (4) to propose appropriate measures for addressing the problem of money mule accounts. This study employed a qualitative documentary research methodology. Data were collected through a systematic review of relevant literature, statutory provisions, Supreme Court decisions, and criminal case statistics obtained from law enforcement agencies. The analysis was conducted within the theoretical frameworks of the Perceptual Deterrence Framework developed by Paternoster and Bachman and Agnew’s General Strain Theory.
The findings revealed that:
1. The gap between statutory penalties and offenders’ perceptions constitutes the primary mechanism explaining the failure of deterrence, as low arrest rates and punishment avoidance reduce the perceived certainty of punishment below the level required to produce a deterrent effect.
2. Economic vulnerability and limited opportunities diminish the perceived weight of long-term legal costs, while financial pressure encourages vulnerable individuals to accept legal risks in exchange for short-term economic benefits.
3. Institutional deficiencies in law enforcement remain a significant obstacle to legal effectiveness, indicating the need for real-time information-sharing systems between financial institutions and law enforcement agencies, expanded account-freezing measures, and increased investigative resources.
4. Section 9 of the Emergency Decree should be amended to incorporate a statutory definition of “money mule account” and to establish graduated penalties based on the offender’s level of intent and transaction value, alongside measures aimed at enhancing the certainty of law enforcement.