Thailand Criminal Procedure Code Sections 226-231

PART  5

EVIDENCE

Chapter 1

General Provisions

Section 226 Material evidence, documentary evidence, or personal evidence which is likely to prove the defendant’s guilt or innocence. Can be cited as evidence But it must be a kind of witness that does not come from persuasion. Contains promises, threats, deception, or any other form of misconduct. and to investigate in accordance with the provisions of this Code or other laws regarding the examination of witnesses.

Section 226/1 In the case where it appears to the court that Which evidence is legitimate evidence but was obtained due to wrongful acts, or is evidence obtained by relying on information that occurred or was obtained illegally. The court is prohibited from hearing that evidence, unless listening to the evidence will be more beneficial to the administration of justice than the harm caused by the impact on the standards of the criminal justice system or the basic rights and freedoms of the people.

In exercising discretion in listening to evidence under paragraph one Let the court considers all the circumstances of the case. The following factors must be taken into account as well.

(1) Probative value, importance, and reliability of that evidence;

(2) Circumstances and seriousness of the offense in the case;

(3) The nature and damage caused by the wrongful act;

(4) Has the person who acted illegally which resulted in the obtaining of evidence been punished or not.

Section 226/2 prohibits the court from hearing evidence regarding other offenses or the defendant’s dishonorable conduct. To prove that the defendant is the perpetrator of the crime that has been filed. Except for one of the following evidences:

(1) Evidence directly related to the elements of the offense of the case filed;

(2) Evidence showing the nature, method, or specific form of the defendant’s offense;

(3) Evidence that refutes the defendant’s claims regarding the act. or good behavior of the defendant.

The provisions of paragraph one do not prohibit the taking of such evidence. In order for the court to use its discretion in imposing or increasing the punishment.

Section 226/3 A statement which is a statement given by any witness to the court or recorded in a document or any other object claimed as evidence to the court. If presented to prove the truth of the statement consider it as a witness.

The court is prohibited from listening to hearsay evidence unless

(1) According to the condition, nature, source, and surrounding facts of the hearsay evidence, it is believed that the truth can be proved; or

(2) There is a necessary reason because a person who has directly seen, heard, or knows the matter related to the matter cannot be brought to testify in person and it is reasonable in the interests of justice to listen to that witness.

In the case where the court is of the opinion that any hearsay evidence should not be accepted and the relevant party files an objection before the court proceeds with the case. Have the court record a report specifying your name or the type and nature of the witness statement Reason for not accepting and objections of the parties involved. As for the reasons raised by the opposing party, the court has the discretion to record it in the report or require that party to submit a statement to the court for inclusion in the file.

Section 226/4 in sexual offense cases the defendant is prohibited from introducing evidence or cross-examining questions regarding the victim’s sexual behavior with anyone other than the defendant, unless permitted by the court upon request.

The court will grant the request in paragraph one. Only if the court is of the opinion that it will create justice in the trial and adjudication of the case.

Section 226/5 In the consideration stage, if there is a necessary or reasonable cause The court may listen to the recorded testimony at the preliminary inquiry stage or the recorded testimony of witnesses who have testified in other cases in conjunction with other evidence in the case.

Section 227 allows the court to use its discretion and weigh all evidence. Do not convict until you are sure that a crime has actually been committed and that the defendant committed the crime.

When there is reasonable doubt as to whether the defendant has committed a crime or not. Give the benefit of the doubt to the defendant.

Section 227/1 In making a decision, weigh hearsay evidence, false witnesses, witnesses that the defendant did not have the opportunity to cross-examine or evidence that has other defects that may affect the reliability of that evidence. The court must act with caution. And that evidence should not be relied upon alone to convict the defendant. unless there is a strong reason There are special circumstances of the case or there is other evidence to support.

Supporting evidence under paragraph one means other evidence that can be heard and has an independent source separate from the evidence requiring such supporting evidence It must also have probative value that can support other evidence to be more reliable.

Section 228 During the consideration, it is arbitrary or requested by any party. The court has the power to examine additional witnesses. You can investigate yourself or submit issues.

Section 229 The court is the examiner of witnesses. It can be investigated in court or out of court. It is up to you according to the nature of the witness.

Section 229/1 Subject to Section 173/1 in the preliminary inquiry or consideration the plaintiff must submit a list of evidence. It represents the type and nature of the object. Briefly the place or documents as can be specified Including a list of names Address of the person or expert which the plaintiff wishes to ascertain or request the court to inspect or appoint the court not less than fifteen days before the date of the preliminary hearing or the date of the examination of witnesses along with a copy of the account specifying such evidence in sufficient amount for the defendant to accept As for the defendant, a list of evidence must be submitted along with a copy before the date of the defendant’s witness examination.

In the investigation of a request for the return of seized property ordered by the court or in the case of a request for the court to confiscate property, the person concerned must submit a list of evidence to the court at least seven days before the date of the hearing along with a copy of the list of evidence in sufficient amount for other related persons, if any, to receive.

When the period specified for submitting the list of evidence under paragraph one or paragraph two, as the case may be, has expired, if the litigant or related person who has already submitted the list of evidence has reasonable grounds to show that he is unable to know that some evidence must be brought to be examined or do not know that certain evidence exists Or is there any other appropriate reason? or if any party or related person who has not submitted such account of evidence can demonstrate to the satisfaction of the court that there is a reasonable cause for not being able to submit the list of evidence according to the said deadline, litigant or such person may request permission to refer such evidence to the court. along with the list of evidence and a copy of the list of evidence at any time before the completion of the examination of evidence by that party in cases where the litigant or such person has already submitted the list of evidence or before the completion of consideration in cases where the litigant or such person has not submitted a list of evidence and if the court deems it necessary to examine such evidence In order to make a fair decision on the important points of the issue. The court shall have the power to permit the examination and hearing of such evidence.

The court is prohibited from permitting the examination and hearing of any evidence in which the party or person concerned who claims the evidence has not expressed an intention to rely on that evidence in accordance with paragraph one, paragraph two, or paragraph three, or in accordance with section 173/1, paragraph two, or third paragraph but if the court deems it necessary to protect witnesses or such evidence must be examined in order to make an impartial decision on the important points of the issue or to give the defendant a full opportunity to fight the case the court shall have the power to permit the examination and hearing of such evidence.

Section 230 When the relevant party requests it or when the court deems it appropriate The court may proceed to examine the evidence or when there is a necessary reason that evidence cannot be brought to be examined at that court and the examination of evidence by other means cannot be carried out. The court has the authority to refer the issue to another court to examine evidence on its behalf. The court receiving the issue shall have the same powers and duties as the original court. Including the power to refer issues to other courts.

Under the provisions of Section 172 and Section 172 bis, submit a file or a copy of the complaint. Copies of testimony and documents or exhibits as necessary to the court that receives the matter for examination of evidence. If the defendant is imprisoned while being considered, the jailer will send the defendant to the court that will receive the issue. But if the defendant in the case under Section 172 bis If you are not interested in listening to the hearing, you may submit questions to witnesses or request statements to examine evidence. Let the court examine the evidence accordingly.

When the investigation of evidence as assigned has been completed. Send the statement along with documents or items to the original court.

Section 230/1 In the case where there is a necessary reason that a witness cannot be brought to testify in court. When the litigant requests or the court deems appropriate The court may permit such witness to testify at another court or government office or other place outside the court. By providing for the transmission of images and audio in the form of a video conference, this is under the control of the court having jurisdiction over that locality in accordance with the rules and procedures specified in the regulations of the President of the Supreme Court It has been approved by the general meeting of the Supreme Court and published in the Royal Gazette. be enforceable.

Testimony under paragraph one shall be treated as if a witness were giving evidence in the court’s hearing room.

Section 230/2 In the case where it is not possible to examine witnesses according to Section 230/1, when the litigant requests or the court deems appropriate. The court may permit the presentation of a memorandum confirming facts or opinions of the person giving evidence residing abroad to the court instead of bringing witnesses to testify before the court, but this will not preclude the right of the person giving evidence to come to the court to give testimony more.

Record the words according to paragraph one. Have the following items:

(1) Name of court and case number;

(2) Date, month, year and place of recording of statement;

(3) Name and surname of the litigant;

(4) Name, surname, age, address, and occupation of the person giving the statement and the relationship with the litigants;

(5) Details of facts or the opinion of the person giving the statement;

(6) Signature of the person giving the statement and the litigant on the side who proposes to record the statement.

For the signature of the person giving the statement, Section 47, paragraph three, of the Civil Procedure Code shall apply come into force mutatis mutandis.

It is prohibited to amend or add to the memorandum that has already been submitted to the court, Unless it is to correct a slight error or mistake.

Section 231 When a party or anyone is required to give evidence or submit any of the following evidence:

(1) Documents or messages that are still secret in the government service;

(2) Secret document or message which was obtained or known due to his occupation or duties;

(3) Methods, patterns, or other works which are prohibited by law from being disclosed. The litigant or that person has the authority to refuse to testify or submit evidence, unless permission has been obtained from the official or person involved with the secret.

If the litigant or any person refuses to testify or has not submitted such evidence. The court has the power to summon officials or persons involved in the secret to make statements to the court. To determine whether the refusal is supported by reason or not. If it is considered unreasonable Let the court compel you to give evidence or submit evidence.

Unofficial English translation by Chaninat and Leeds Thailand Criminal Defense Attorneys

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