Thailand Criminal Procedure Code Sections 238-240

Chapter 3

Documentary Evidence

Section 238 Only the original document can be cited as evidence. If you can’t find the original a copy certified to be correct or a witness who knows the contents can claim it as a witness.

If citing an official document as a witness Even if the original still exists, you can send a copy that the official has certified as correct, unless otherwise specified in the summons.

Section 239 Any document that the litigant refers to But it was not in his possession. If that party informs the court of the nature and address of the document the court shall summon the person holding the document to submit to the court.

Section 240 In the case where the court has not specified a date for examining evidence under Section 173/1, when the party wishes to claim documents in his or her possession as evidence. Such document evidence shall be submitted to the court not less than fifteen days before the date of the preliminary hearing or witness examination. This is to allow the other party an opportunity to inspect and request a copy of the said document before submitting it as evidence, unless the document that the party wishes to rely on is a witness’s testimony, or a document showing the name or address of the witness or the court deems it appropriate to order otherwise due to the nature and necessity of the document.

In cases where it is not in force, documents must be submitted according to paragraph one. When documents are used as evidence in court, shall be read or sent to the party for review. If any party wants a copy the court has the power to order the party claiming the document to send a copy to the other party as it deems appropriate.

If any party fails to submit documents according to paragraph one or copies of documents according to paragraph two or fails to submit documentary evidence or physical evidence under section 173/2 paragraph one, the court has the power to refuse to hear that evidence, unless the court deems that it is in the interests of justice or the failure to do so was not intentional and did not lose a chance for the party to proceed with the case.

Unofficial Translation by Chaninat and Leeds Thailand Attorneys

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