Some opinions regarding criminal liability of witnesses in the arbitration process

Abstract

Witnesses are important in a hearing procedure both civil and criminal cases, In the inquisitorial system or the adversarial system, finding facts to prove the offense or to prove crime of the accused or the defendant requires various evidence presented in the case hearing.

           The law in Thailand has been legislated regarding the criminal liability of witnesses in the criminal code in the mainstream case hearing. If a witness stated false information in the case hearing in the court or the examination. Showing false evidence in the case hearing in the court is punishable by the criminal law.

Regarding the justice system in Thailand apart from the mainstream one in Thailand, there is an alternative justice process especially the arbitration process which has the facts finding process comparing to the court system which is witness hearing. However, the law of Thailand does not specify the liability of witnesses in case of perjury or adduction, showing false evidence in the arbitration process. When comparing to the liability of the arbitration according to the Arbitration Act B.E. 2545, the case hearing for witnesses and evidence in the arbitration might cause the problem of reliability or not.