Thailand Criminal Procedure Code Sections 232-237

Chapter 2

Oral Evidence

Section 232 prohibits the plaintiff from citing the defendant as a witness.

Section 233 The defendant may refer himself as a witness. In the case where the defendant claims to be a witness the court may allow them to enter for examination before other witnesses on the defense side. If the defendant’s testimony is incriminating or damaging to other defendants the other defendants can be questioned.

In the case where the defendant testifies the defendant’s testimony can be used in support of that defendant and the court may listen to that testimony in conjunction with other evidence of the plaintiff.

Section 234 Witnesses do not have to answer questions directly or indirectly. It may cause him to face criminal charges. When there is a question like that Let the court warn the witness.

Section 235 During consideration when appropriate The court has the power to question the plaintiff, defendant or any witness.

It is forbidden to question the defendant for the sole purpose of adding to the plaintiff’s case, which is flawed, unless the defendant claims himself as a witness.

Section 236 During the consideration, the court has the power to order those who are witnesses who are not defendants to remain outside the consideration room until they come to give evidence. In addition, when the witness has testified, he may be asked to wait in the consideration room first.

Section 237 Record the testimony of a witness at the preliminary inquiry or consideration stage. Let the court read it to the witnesses in front of the defendant. Except in cases as provided in Section 165, paragraph three.

In the case where the parties agree the court may allow the recorded testimony of a witness at the preliminary inquiry stage to be treated as the testimony of a witness at the trial stage. The witness does not have to testify again or the witness can immediately answer the defendant’s cross-examination. Except for offenses for which the law stipulates a minimum penalty of imprisonment of five years or more or a more severe punishment.

Section 237 bis before filing a lawsuit in court When there is reason to believe that a witness will travel outside the Kingdom There is no place of residence. or is a person residing far from the court where the case is being heard or there is reason to believe that there will be interference with that witness, whether directly or indirectly or there are other necessary reasons that make it difficult to bring that witness to examine in the future Public prosecutor by himself or upon request from the victim or from the investigating officer. A petition can be submitted specifying all the actions that the accused person claims to have committed wrongdoing to the court so that the court may order the examination of those witnesses immediately. If you know the perpetrator and that person is under the control of the investigator or prosecutor. Let the prosecutor bring that person to court. If controlled under the jurisdiction of the court let the court withdraw that person for further consideration.

When the court receives such a request the court shall examine the witness immediately. In this case, the accused may cross-examine or appoint a lawyer to cross-examine the witness.

In the case according to paragraph two if it is the case that the accused is accused of committing a criminal offense. If a lawsuit is filed, it will be a case for which the court will have to appoint a lawyer or the defendant has the right to request the court to appoint a lawyer in accordance with Section 173 before beginning the examination of such witnesses. The court will ask the accused person whether he has a lawyer or not. In the case where the court must appoint a lawyer if the court finds that a lawyer has been appointed in time, it shall appoint a lawyer and proceed with examining the witness immediately. But if the court finds that a lawyer cannot be appointed in time or the accused is unable to appoint a lawyer in time let the court question that witness instead.

The testimony of such witnesses shall be read to the witnesses by the court. If the accused person is already present in the court then the court will read the said testimony in front of the accused.

If the accused is later sued as a defendant in the commission of that crime then such testimony can be heard in that trial.

In the case where the accused sees that if he is sued as a defendant The person who needs to be testified as a witness will travel out of the Kingdom. There is no place of residence. or is a person residing far from the court where the case is being heard or there is reason to believe that there will be interference with that witness, whether directly or indirectly or there are other necessary reasons that make it difficult to bring that witness to examine in the future The accused person will submit a petition to the court showing reasons of necessity. In order for the court to order permission to examine that witness immediately.

When the court sees fit the court shall issue an order allowing the examination of that witness and notify the relevant investigative officer and prosecutor. In examining such witnesses the prosecutor has the right to cross-examine that witness. And the provisions of paragraph three, paragraph four, and paragraph five shall apply mutatis mutandis.

The provisions of section 172 ter shall apply mutatis mutandis to the examination of witnesses who are children under eighteen years of age.

Section 237 ter The provisions of Section 237 bis shall apply mutatis mutandis to the examination of expert witnesses. and other evidence and in cases where a lawsuit has already been filed but there is a necessary reason to examine evidence before the normal examination period according to section 173/2 paragraph two as well.

In cases where scientific evidence can prove important facts in the case or there is reason to believe that If there is a delay in bringing important scientific evidence, that evidence will be lost or difficult to verify. The accused or the prosecutor by himself or upon receiving a request from the investigator or the victim may submit a request to the court to order a scientific examination according to Section 244/1 before filing a lawsuit. The provisions of Section 237 bis shall apply mutatis mutandis.

Unofficial English translation by Chaninat and Leeds Ltd., Thailand Criminal Defense Attorneys

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