The Evidence Examination in Criminal Proceedings Prior to the Testimony in Thailand

Abstract

Abstract

     The objectives of this research are (1) to study the meaning of concepts and theories related to evidence examination in criminal cases before a testimony; (2) to study the concept of evidence examination process in criminal cases before a testimony in the Common law and the Civil law procedures; (3) to study the laws of Thailand relating to evidence examination in criminal cases before a testimony; and (4) to determine the appropriate guidelines for the evidence examination process in criminal cases before a testimony in Thailand. This qualitative research is conducted with content analysis of all relevant concepts, theories and documents relating to laws, Supreme Court judgments, regulations, announcements and other materials. It is then presented in the description of each issue. The result of the study addresses that the process of disclosing or examining evidence before a testimony in criminal case in the Thai legal system. The Criminal Procedure Code, Section 173/1 and Section 173/2, the first paragraph, stipulates that the court has the power to designate the date for disclosing or examining evidences before testimony in a criminal case. But this is up to the court’s discretion and is not applicably used to all criminal cases and with all types of evidence. This causes in the criminal cases without examination of evidences, the defendant shall not have such rights. It is also including the guidelines for the evidence examination and the submission of list of evidences indicating them as the means of searching for truth in an Adversarial System or Fight Theory, in civil cases. This is an equality between a private entity and a private entity, which is not suitable for the use in criminal cases.  As a result, the evidence examination procedure in criminal proceedings before a testimony in Thailand still has practical problems.