Expert

An expert, this can be professional or not. They can testify if their knowledge in fields like science, medicine, or law. Should this help resolve the case. Likewise experts can provide written opinions. However they must testify unless excused by the court. Lastly there must be copies of written opinions must be submitted at least seven days before testimony. The court may order the examination of a corpse if necessary, following religious and respectful procedures. Likewise see also the article we wrote on accounting services in Thailand as well as the article on law firm Bangkok as well. 

Lastly in criminal cases involving imprisonment, the court can order scientific tests. These may include collecting biological samples like blood or saliva. Likewise consent is required for this. So refusal may lead the court to presume the opposing party’s claims are true. Scientific tests may be ordered urgently to prevent loss of key evidence. Costs are covered by the state according to judicial regulations. There is laos the article on the following issues. There is the retirement visa Thailand as well as construction law in Thailand.

Experts

Section 243

Anyone, whether by profession or not. Those who has expertise in a particular field—such as science, art, craft, commerce, medicine, or foreign law. Likewise whose opinion may be useful in deciding the case. Much like investigating the cause of action, or considering the case, may be a witness in various matters.This could include 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 written opinion must be sent to the court and the other party.The expert must give evidence in conjunction with that written opinion unless there is a necessary reason or the litigant is not satisfied with questioning the expert. In such cases, the court may allow the written opinion to be heard without the expert being required to testify.

If an expert must come to testify, a sufficient number of copies of the written opinion must be sent to the court at least seven days before the testimony, so that the other party can receive a copy. During the testimony, the expert may read from the written opinion.

Section 244

If the court, senior administrative official, or police deems it necessary, in connection with the preliminary inquiry, consideration, or investigation, to examine a corpse, even if it has already been packed or buried, the court has the power to order the corpse to be examined by experts. However, this order must follow religious principles and must not cause any undue 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 important facts of the case, the court has the authority to order the examination of any person, object, or document by scientific methods.

If the verification requires the collection of biological samples. These include such samples as blood, tissue, skin, hair, feathers, saliva, urine, feces, secretions, genetic material, or body parts from the litigant or any person. Then the court may order a doctor or expert to carry out the examination.However, this must be done only to the extent necessary and appropriate. Likewise using methods that cause as little pain as possible. It must not harm the body or health of the person involved. The litigant or person involved must consent to the examination.If any party refuses to consent.

Likewise the persons acts to prevent the person involved from giving consent without reasonable grounds. This it shall be initially assumed that the facts are as claimed by the opposing party.If scientific evidence can prove facts that may allow the court to decide the case without the need to examine any other evidence Likewise if there is reason to believe that delaying the scientific examination may cause important evidence to be lost or difficult to verify.

Then under these circumstances, the court may order the scientific examination immediately, even before the normal examination date.The provisions of Section 237 bis shall apply mutatis mutandis. The costs of the scientific verification shall be paid from the budget. This in accordance with the regulations set by the Judiciary Administration Committee, with the approval of the Ministry of Finance.

Lastly also see the article on Material Evidence as well as Oral Evidence as well as DIKA Appeal.

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