Law of Evidence at Thailand
Thailand's legal system governs the law of evidence through distinct frameworks for civil and criminal procedures, primarily outlined in the Civil Procedure Code and the Criminal Procedure Code. Here's an overview of the key principles and rules:
🏛️ Civil Procedure Code – Evidence (Sections 84–105)
The Civil Procedure Code establishes foundational rules for the admissibility and evaluation of evidence in civil cases:
Burden of Proof: The party asserting a fact must prove it, unless a legal presumption applies in their favour. (Thailand Civil Procedure Code-Section-84-105 | Thailand Law Forum)
Admissibility: Evidence must be relevant, legally obtained, and presented in the proper form. The court has discretion to exclude evidence that is irrelevant, redundant, or obtained unlawfully.
Documentary Evidence: Original documents are preferred, but copies may be accepted under certain conditions, such as mutual agreement or if the original is lost due to circumstances beyond the party's control.
Witness Testimony: Witnesses must have personal knowledge of the facts and be able to understand and respond to questions. Hearsay is generally inadmissible unless exceptions apply. (Understanding Civil Evidence Law in Thailand: A Guide for Foreigners - Siam Center Law Group)
⚖️ Criminal Procedure Code – Evidence (Sections 226–231)
The Criminal Procedure Code outlines specific rules for evidence in criminal cases: (Criminal Evidence in Thailand: Legal Framework, Admissibility, and Defense Strategie - Siam Center Law Group)
General Rule: The court may admit material, documentary, or personal evidence that is likely to prove the defendant's guilt or innocence, provided it was obtained without coercion or misconduct. (Thailand Criminal Procedure Code Sections 226-231 | Thailand Law Forum - Thailand Legal issues, Law News and Selected Laws)
Illegally Obtained Evidence: Evidence obtained through wrongful acts is generally inadmissible unless its admission serves the interests of justice, considering factors like the seriousness of the offense and the reliability of the evidence. (Thailand Criminal Procedure Code Sections 226-231 | Thailand Law Forum - Thailand Legal issues, Law News and Selected Laws)
Hearsay Rule: Statements made outside of court are inadmissible to prove the truth of the matter asserted unless exceptions apply, such as the unavailability of the declarant or the nature of the statement indicating reliability. (Hearsay Evidence in Thai Criminal Procedure: Rules and Exceptions - SEAProTI.org)
Confessions: Confessions must be voluntary and made with awareness of the right to remain silent. Coerced confessions are inadmissible.
Expert Testimony: The court may call upon experts to provide opinions on specialized matters, and such testimony is subject to scrutiny for relevance and reliability.
🧾 Common Principles Across Both Codes
Relevance: Evidence must relate directly to the issues in dispute. (Understanding Civil Evidence Law in Thailand: A Guide for Foreigners - Siam Center Law Group)
Legality: Evidence obtained through unlawful means is generally inadmissible.
Reliability: Evidence must be credible and properly authenticated. (Criminal Evidence in Thailand: Legal Framework, Admissibility, and Defense Strategie - Siam Center Law Group)
Witness Rights: Witnesses have the right to testify truthfully and may be subject to cross-examination.
Understanding these principles is crucial for navigating legal proceedings in Thailand. If you require further information or assistance regarding specific aspects of Thai evidence law, feel free to ask.
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