Evidence

Likewise evidence of unrelated crimes or immoral conduct is generally inadmissible. The except is when directly relevant to the case or used to counter the defendant’s claims. Likewise the course of hearsay is only accepted if it appears reliable. Likewise if the direct witness cannot testify and justice requires it. Note that In sexual offense cases, the victim’s past sexual behavior cannot be raised without court approval. Likewise also see the article on criminal procedure code Thailand as well as criminal assault.

Firstly the court can only convict when fully convinced of the defendant’s guilt. Likewise doubts must favor the defendant. Secondly testimony from earlier proceedings or related cases may be used when necessary. Note that both sides must submit their witness and evidence lists in advance. Lastly remote testimony is allowed under supervision. Likewise foreign witnesses may submit written statements if personal testimony is not possible. The court may compel testimony even involving state secrets if a refusal is deemed unreasonable. Lastly also see the article written on cheating criminal law in Thailand as well as our criminal law firm in Thailand.

Section 226

You can cite evidence such as material evidence, documentary evidence, or personal evidence that is likely to prove the defendant’s guilt or innocence. However, it must not be derived from coercion, promises, threats, deception, or any form of misconduct. The investigation must follow the provisions of this Code or other laws concerning the examination of witnesses.

Section 226/1

If evidence is deemed legitimate but obtained through wrongful acts or relies on illegally obtained information, the court is prohibited from considering it unless admitting the evidence would be more beneficial for the administration of justice than the harm it would cause to criminal justice standards or basic rights and freedoms. The court must consider: 1. Probative value, importance, and reliability of the evidence; 2. Circumstances and seriousness of the offense; 3. The nature and damage caused by the wrongful act; 4. Whether the person who acted illegally has been punished.

Section 226/2

The court is prohibited from hearing evidence. This ype of evidence is regarding other offenses or the defendant’s dishonorable conduct. This to help prove the defendant committed the crime charged. The except for the following types of evidence: 1. Likewise any evidence directly related to the offense in the case; 2. Evidence showing the nature, method, or specific form of the defendant’s offense; 3. Evidence that refutes the defendant’s claims regarding their actions or character. However, such evidence may still be used to determine punishment.

Section 226/3

A statement from any witness, recorded in a document or other object presented as evidence, will be considered as a witness statement. The court cannot accept hearsay evidence unless: 1. That the nature of the hearsay suggests it can be proven true; or 2. It is necessary because the direct witness cannot be brought to testify and it is in the interest of justice to allow such evidence. The court must record reasons for rejecting hearsay evidence. This as well as any objections from parties involved.

Section 226/4

In sexual offense cases. You will note that the defendant is prohibited from introducing evidence. Likewise are they prohibited at questioning the victim about their sexual behavior. This with anyone other than the defendant, unless the court permits it. The court will grant such a request, only if it will aid in ensuring justice during the trial.

Section 226/5

At the consideration stage, if necessary. The court may hear recorded testimony from the preliminary inquiry stage. This or from witnesses who have testified in other related cases, along with other evidence in the case.

Section 227

The court has discretion to weigh all evidence. The court must not convict unless it is certain that a crime has been committed. Likewise that the defendant is the perpetrator. Should there be reasonable doubt. The defendant must be given the benefit of the doubt.

Section 227/1

When evaluating hearsay evidence, false witnesses, or evidence. This that the defendant could not cross-examine. It is up to the court to exercise caution. Such evidence should not be relied upon alone to convict. This unless there is strong supporting evidence of it.

Section 228

At any stage of consideration. This at the request of any party. The court may call additional witnesses. It may also conduct the investigations itself, or submit issues for investigation.

Section 229

The court serves as the examiner of witnesses. However the court can also conduct investigations in court or out of court. This depending on the nature of the witness.

Section 229/1

Before the preliminary hearing or witness examination. The plaintiff must submit a list of their evidence. These include its type, nature, location. Likewise the names and addresses of individuals or experts to be examined. Lastly the defendant must also submit their list before their witness examination.

Section 230

If necessary, the court may refer evidence examination to another court. This court will have the same powers and duties as the original court. Lastly the court receiving the case will then forward the findings to the original court.

Section 230/1

Should a witness not be able to testify in person. The court may permit the witness to give testimony remotely via video conference. This while under the supervision of the court.

Section 230/2

If witnesses cannot be examined as per Section 230/1. The the court may allow a memorandum confirming facts or opinions. This from a person residing abroad as evidence. The memorandum must include specific details such as the name of the court, case number, and the person’s relationship to the case.

Section 231

If evidence relates to government secrets or confidential matters. The litigant may refuse to testify or submit such evidence unless permission is obtained from the relevant authority. Should the refusal is deemed unreasonable, the court may compel the witness or person to testify.

Lastly also see the DIKA Appeal as well as Judgments and Orders in the Appeal Court and Autopsies.