Oral Evidence

Chapter 2

Oral Evidence

Section 232

The plaintiff is limited from citing the defendant as a witness.

Section 233

The defendant may refer to themselves as a witness. Should the defendant claims to be a witness. Then the court may allow them to testify before other defense witnesses. If the defendant’s testimony is incriminating or damaging to other defendants, those defendants can cross-examine the defendant.

If the defendant testifies, their testimony can support their defense and be considered along with the plaintiff’s other evidence.

Section 234

Witnesses do not have to answer questions that may directly or indirectly expose them to criminal charges. In such cases, the court must warn the witness.

Section 235

During consideration, the court may question the plaintiff, defendant, or any witness, as appropriate.

It is prohibited to question the defendant solely to add to the plaintiff’s case, unless the defendant claims to be a witness.

Section 236

The court may order witnesses who are not defendants to remain outside the consideration room until it is their turn to testify. Once they have testified, they may be asked to remain in the consideration room.

Section 237

The testimony of a witness given at the preliminary inquiry or consideration stage must be read aloud to the witness in the presence of the defendant, except in cases provided under Section 165, paragraph three.

If both parties agree, the court may treat the recorded testimony from the preliminary inquiry stage as the testimony for the trial stage, meaning the witness does not need to testify again. However, this does not apply to cases involving offenses with a minimum penalty of imprisonment of five years or more or more severe punishment. See the full criminal procedure code in Thailand. 

Section 237 bis

Before filing a lawsuit, if there is reason to believe that a witness will travel abroad, has no fixed residence, or there are concerns that their testimony will be interfered with, the prosecutor or upon request from the victim or investigator may submit a petition to the court. The petition must specify the actions the defendant is accused of committing. The court will examine the witness immediately, and the defendant may cross-examine the witness.

If the defendant is accused of a criminal offense, the court must appoint a lawyer for the defendant before examining the witness. If no lawyer is available, the court may proceed with the examination without the lawyer.

If the defendant is later sued as a defendant in that same crime, the testimony may be used in the trial.

Section 237 ter

The provisions in Section 237 bis apply to the examination of expert witnesses and other evidence.In cases where scientific evidence can prove essential facts in the case or there is a risk of losing or difficult verification of such evidence, the accused or the prosecutor may submit a request to the court to order the scientific examination as per Section 244/1 before the lawsuit is filed. The provisions of Section 237 bis apply mutatis mutandis.