Trial

The defendant must generally be present during witness testimony. This must be accurately recorded, often using audiovisual means. Likewise, for minor offenses, illness, or multiple defendants. Under these circumstances, the court may proceed in the defendant’s absence without prejudice. This except in death penalty or juvenile cases. Likewise also read the article that we wrote on a trial in Thailand. Likewise there is also an article on same-sex marriage in Thailand for foreigners requirements.

Child witnesses receive special protections. These include age-appropriate questioning and remote testimony. Likewise before trial, the court ensures the defendant has legal counsel. This will also appoint one if necessary based on financial need.

In addition both sides present evidence and witness lists in advance. This with trials proceeding efficiently unless delayed for valid reasons. Lastly confession may lead to expedited judgment, though evidence may still be reviewed. Secret hearings are allowed in matters of national security or public order, with limited attendance.

Lastly also see the articles on adultery in Thailand as well as residence permit Thailand and 10-year retirement visa Thailand. 

Section 172:

The Defendant must be present unless stated otherwise when the witness testimony is conducted. This testimony is recorded. Should the Defendant refused to testy then the court will proceed with the case. The testimony of witnesses are recorded in the same way. There needs to be accuracy including using audiovisual recordings.

Section 172 bis:

Where are are multiple defendants or have minor offenses. Likewise where the defendants who are unable to attend due to illness. The court may proceed with witness examination in the absence of the defendant. Note however, the defendant cannot be prejudiced by this action.

Section 172 bis/1 and 172 bis/2:

Should the defendant or their representative is absent. In this case the court can issue an arrest warrant. Likewise the court may proceed with the examination of witnesses in the defendant’s absence. This can occur as long as the case does not involve the death penalty or a minor defendant.

Section 172 Ter:

Special provisions are made for children under eighteen years of age who are witnesses, allowing for questioning to be done in a manner that is appropriate and sensitive to their age. Video and audio transmission of their testimony can be used, and the testimony from earlier stages of the case may also be considered.

Section 173:

Before the trial begins, the court must determine if the defendant has legal representation. If not, one will be appointed. The court will also consider the financial circumstances of the defendant in assigning legal representation.

Section 173/1 and 173/2:

Provisions for speeding up the trial process and managing evidence before the official examination. Note that this must include deadlines for submitting witness lists as well as the documents needed in the trial.

Section 174-176:

The plaintiff and defendant can present their cases and evidence. Note that the witnesses will be examined accordingly. Should the defendant confesses. Then the court may pass judgment without further investigation. This while the prosecution’s evidence may still be considered in certain circumstances.

Section 177-180:

With regards to national security, the court may hold secret hearings to protect public order, morals, or national security. Note that these hearings are restricted to certain parties. These would be the plaintiff, defendant and needed witnesses, and other relevant personnel. In addition to this the trials must proceed without unnecessary delay. Though postponements can occur for valid reasons, such as witness non-appearance or other complications.

Lastly also see the Autopsies as well as General Rules and Warrants of Detention and Imprisonment.

The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.