Thailand Criminal Procedure Code Sections 243-244
Chapter 5
Expert
Section 243 Whoever, whether by profession or not Have expertise in any field, such as in science, art, craft, commerce, medicine, or foreign law and whose opinion may be useful in deciding the case, in investigating, investigating the cause of action, or considering May be a witness in various matters, such as examining the body or mind of the victim, suspect, or defendant, examining handwriting, conducting experiments, or other activities.
The expert may give an opinion in writing but a copy of the said letter must be sent to the court and the other party and must give evidence in conjunction with that book Unless there is a necessary reason or the litigant is not satisfied with questioning the expert The court may allow such written opinions to be heard without the expert being required to testify.
In the case where an expert must come and give evidence. A sufficient number of copies of such letter shall be sent to the court not less than seven days before the date of testimony for the other party to receive.
In the testimony Experts can read the written text.
Section 244 If the court or senior administrative official or police deems it necessary in connection with the preliminary inquiry, consideration, or investigation to examine the corpse Even if it has already been packed or buried to have the power to order the corpse to be examined by experts However, following such orders must be based on religious principles and will not cause any other serious harm.
Section 244/1 in the case of a criminal offense with a penalty of imprisonment. If it is necessary to use scientific evidence to prove the important facts of the case. The court shall have the power to order the examination of any person, object, or document by scientific methods.
In the case where the verification according to paragraph one It is necessary to collect samples of blood, tissue, skin, hair or feathers, saliva, urine, feces, secretions, genetic material or body parts from the litigant or any person. The court has the authority to order a doctor or expert to carry out the said examination. But it must be done only to the extent necessary and appropriate, using methods that cause as little pain as possible and must not be harmful to the body or health of that person and the litigant or person involved must give consent. If any party refuses to consent or acts to prevent the person involved from giving consent without reasonable grounds. It shall be initially assumed that the facts are as claimed by the opposing party.
In cases where scientific evidence can prove facts that may allow the court to decide the case without having to examine any other evidence. or there is reason to believe that if there is a delay in bringing important scientific evidence, in the future that evidence will be lost or difficult to verify. Upon request by either party or when the court deems appropriate The court may order the scientific examination according to paragraphs one and two immediately without having to wait until the normal examination date. The provisions of section 237 bis shall apply mutatis mutandis.
Expenses for verification under this section shall be paid from the budget in accordance with the regulations set by the Judiciary Administration Committee with the approval of the Ministry of Finance.
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