Thailand Criminal Procedure Code Sections 172-180
Title 2
Trial
Section 172 Consideration and examination of witnesses in court this must be done openly in front of the defendant. Unless otherwise provided.
When the plaintiff or the plaintiff’s lawyer and the defendant appear before the court and the court believes that it is really the defendant Read and explain the lawsuit to the defendant and asked whether he had actually committed a crime or not how will the fight be given. The defendant’s testimony is to be recorded. If the defendant refuses to testify the court shall record the report and proceed with consideration.
In examining witnesses, the witness’s testimony shall be recorded using the recording method. Which can be transmitted into images and sound which can verify the accuracy of the recording and the Supreme Appeal Court shall use such recordings for consideration of the case as well, in accordance with the rules, procedures, and conditions specified in the regulations of the President of the Supreme Court.
Regulations of the President of the Supreme Court under paragraphs three and four Once it has been approved by the general meeting of the Supreme Court and published in the Royal Gazette, it shall come into force.
Section 172 bis After the court has taken action according to section 172 paragraph 2, when the court deems it appropriate in order to proceed with the consideration without delay. The court has the power to consider and examine witnesses behind the defendant’s back in the following cases
(1) In cases where there is a maximum penalty of imprisonment not exceeding ten years will there be a fine or not or in cases where there is only a fine. When the defendant has a lawyer and the defendant has received permission from the court not to attend the hearing and examination of witnesses;
(2) In a case where there are many defendants if the court is satisfied with the plaintiff’s statement that the consideration and examination of witnesses as requested by the plaintiff does not involve any of the defendants. The court may consider and examine witnesses behind the defendant’s back;
(3) In a case where there are many defendants if the court deems it appropriate to consider and examine witnesses of one defendant behind the backs of other defendants;
(4) The defendant is unable to attend the hearing and examine witnesses due to illness or other unavoidable necessity. When the defendant has a lawyer and the defendant has received permission from the court not to attend the hearing and examine witnesses;
(5) During the consideration and examination of witnesses the court ordered the defendant to leave the courtroom for obstructing the proceedings or the defendant leaves the court room without permission from the court.
In a case in which the court considers and examines witnesses under (2) or (3) behind the back of any defendant. Whatever the case may be the court is prohibited from hearing the proceedings and examination of witnesses That done behind his back was detrimental to that defendant.
Section 172 bis/1 After the court has proceeded in accordance with section 172 paragraph two, when the court sees that the defendant has fled or has not come to the hearing and examination of witnesses without reasonable cause. Let the court issue an arrest warrant for the defendant. If the defendant is not obtained within three months from the date of issuance of the arrest warrant When the court deems it appropriate in the interests of justice to proceed with consideration without delay and the defendant has a lawyer The court has the power to consider and examine witnesses behind the defendant’s back and when the court has finished considering the case Let the court pass judgment in that case.
The consideration and examination of witnesses under paragraph one must not be a case that carries the death penalty or a case in which the defendant is not more than eighteen years of age on the date the lawsuit is filed with the court.
Section 172 bis/2 in cases where the defendant is a juristic person after the court has taken action in accordance with Section 172 paragraph two, when there is a case where the court has issued an arrest warrant for the manager or representative of that juristic person. But they still haven’t been arrested within three months from the date the arrest warrant was issued and there is no other representative of the juristic person to act on behalf of that juristic person. When the court deems it appropriate in the interests of justice to proceed with consideration without delay. The court has the power to consider and examine witnesses behind the defendant’s back and when the court has finished considering the case, the court shall issue a judgment in that case.
Section 172 Ter Except in the case where the defendant claims himself as a witness. In examining witnesses who are children under eighteen years of age The court shall arrange for witnesses to be in appropriate places for the children and the court may do one of the following:
(1) The court is the person to question the witness. By informing the witness of the issues and facts you want to investigate and then having the witness testify on those matters, or the court can ask through a psychologist or social worker;
(2) Let the litigant ask questions, cross-examine, or make objections through a psychologist or social worker.
In the testimony of the said witness under paragraph one the video and audio shall be broadcast to the consideration room as well and it is the duty of the court to notify the psychologist or social worker.
Before examining witnesses according to paragraph one If the court deems it appropriate or if a witness who is a child under eighteen years of age or any party requests it with reasonable reasons and when considered, it is seen that it will be detrimental to the child if the request is not granted. The court shall arrange for the video and audio transmission of the testimony of the victim or child witness under eighteen years of age recorded in the investigation stage under section 133 bis or the preliminary investigation stage under Section 171, paragraph two, in the presence of the parties and in such a case, the audio-visual media of the witness’s testimony shall be considered part of the testimony of that witness in the court’s consideration. By having the litigant ask additional witnesses. You may cross-examine or cross-examine witnesses, as necessary and within the scope that the court deems appropriate.
In the case where a witness is not able to testify under paragraph one because of an extremely necessary reason, the court shall listen to the audiovisual media and testimony of that witness at the inquiry stage according to Section 133 bis or the preliminary inquiry stage according to Section 171 paragraph two as if one is the testimony of that witness in the court proceeding and allow the court to listen to other witnesses in the consideration and adjudication of the case.
Section 172 Quarter The provisions of Section 172 ter shall apply mutatis mutandis to the examination of witnesses outside of court in cases where the witness is a child not exceeding eighteen years of age.
Section 173 In cases with the death penalty or in cases in which the defendant is not more than eighteen years of age on the date of being filed with the court. Before starting the hearing, the court will ask the defendant whether he has a lawyer or not. If there is none, the court will appoint a lawyer.
In cases with a prison sentence before starting the hearing, the court will ask the defendant whether he has a lawyer or not. If there is none and the defendant needs a lawyer let the court appoint a lawyer.
The court shall pay the award and expenses to the lawyer appointed by the court under this section taking into account the circumstances of the case and the economic situation, this is in accordance with the regulations set by the Judiciary Executive Committee with the approval of the Ministry of Finance.
Section 173/1 In order for the consideration to be speedy, continuous, and fair in cases in which the defendant does not testify or denies it. When one of the litigants’ requests or the court deems appropriate the court may set a date for examining evidence before the scheduled date for examining evidence. By notifying the parties not less than fourteen days in advance.
Not less than seven days before the date of examination of evidence under paragraph one. The litigant shall submit a list of witnesses to the court along with a sufficient number of copies for the other party to receive from the court officer and if any party wishes to submit a list of additional witnesses to be submitted to the court before the examination of evidence is complete.
Submission of additional witness lists after the period under paragraph two has elapsed may be done only with permission from the court. When the requester shows reasonable cause that he is unable to know the evidence or it is necessary in the interests of justice or to give the defendant a full opportunity to fight the case.
If any document or material evidence is in the possession of a third party The party who wishes to make a reference shall request the court to order the summons of such document or material witness from the possessor by submitting a request to the court along with submitting a list of witnesses to obtain the document or material evidence before the evidence examination date or the date specified by the court.
Section 173/2 On the day of the examination of evidence the litigant shall submit documentary evidence and physical evidence that is still in his possession to the court for the other party to examine. Unless the court orders otherwise due to the nature and necessity of the evidence itself or that evidence is a recorded testimony of a witness. After that, each party will announce guidelines for presenting evidence to the court and the court shall inquire into the parties regarding the relevance of the issue and the need to examine the evidence relied upon as well as the acceptance of the evidence of the other party. Once completed, the court will set a date for examining witnesses and notify the litigant at least seven days in advance. In the case that the plaintiff does not appear in court on the day of the examination of evidence, the provisions of section 166 shall apply mutatis mutandis.
In case of necessity in the interests of justice when the court deems appropriate or one of the litigants requests the court may order the examination of evidence regarding important issues in the case in advance of the scheduled date for the examination of witnesses.
Section 174 before bringing witnesses into examination the plaintiff has the power to open a case to let the court know about the plaintiff’s case is a statement of the nature of the lawsuit Moreover, the evidence that will be presented to prove the guilt of the defendant. Once this is done, the plaintiff will bring in witnesses to investigate.
After examining the plaintiff’s witnesses, the defendant has the power to open a case to let the court know about the defendant’s case. By stating the facts or legal points that are intended to be referenced. Both present evidences to be examined once this is done, the defendant will bring in witnesses for examination.
When the defendant’s witness examination is complete the plaintiff and defendant have the power to make oral statements to close their case or books or both.
During consideration If the court is of the opinion that there is no need to examine witnesses or do anything else, it may order the suspension of witnesses or such matters.
Section 175 When the plaintiff has finished examining witnesses If it deems appropriate, the court has the power to request investigation documents from the prosecutor to support its decision.
Section 176 In the consideration stage If the defendant confesses to the charges the court may pass judgment without examining further evidence. Except for cases where there is a charge of an offense and the defendant has confessed. The law stipulates a minimum sentence of imprisonment of five years or more or a more severe sentence. The court must listen to the prosecution’s witnesses until it is satisfied that the defendant has actually committed a crime.
In cases where there are many defendants and some defendants confessed when the court sees fit, it will order the case to be disposed of. For the defendant who refuses to allow the plaintiff to sue the defendant who refuses. It can be a new case within the time specified by the court.
Section 177 The court has the power to order a secret hearing. When deemed appropriate, arbitrarily or at the request of any party but it must be for the benefit of peace and order or good morals of the people or to prevent secrets relating to the security of the country from becoming known to the public.
Section 178 When there is a secret consideration only these people have the right to be in the consideration room:
(1) Plaintiff and lawyer;
(2) Defendant and lawyer;
(3) The person detaining the defendant;
(4) Witnesses and special experts;
(5) Interpreter;
(6) Persons who have relevant interests and have permission from the court;
(7) Court employees and security personnel for the court as appropriate.
Section 179 Subject to this Code or other laws the court will proceed with the consideration until it is completed without postponement.
If the witness does not appear or there are other reasons why the consideration must be postponed. Let the court postpone the case as it deems appropriate.
Section 180 The provisions regarding maintaining order in the court in the Civil Procedure Code shall apply mutatis mutandis to criminal trials. But it is prohibited to order the defendant to leave the courtroom. Unless the defendant obstructs the consideration.
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