Article 131: Duty to gather all evidence

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 326/2566 (2023)

   Under Section 131 the investigator gathers all kinds of evidence, whether he finds it himself or it is supplied by a party or outsider, to ascertain the facts, identify the offender and prove the offence and the true loss; evidence need not come from the injured person alone.

   The Supreme Court held that under Section 131 the investigator gathers all evidence, including facts he traces himself, to establish the offence and the true loss. Where the investigator checked bank records and found transfers from the victim to the defendant totalling 3,023,352 baht, that was evidence gathered under his own authority and not required to come only from the injured person.

2. Arrêt de la Cour suprême n° 8403/2561 (2018)

   Section 131 gives the investigator discretion in gathering evidence; once he considers the evidence sufficient, he need not gather more or examine every witness the accused requests, and this does not make the investigation unlawful.

   The Supreme Court held that under Section 131 the gathering of evidence is within the investigator's discretion. Once he considers the evidence sufficient, he may decline to gather more or to examine additional witnesses requested by the defendants, and this does not render the investigation unlawful.

3. Arrêt de la Cour suprême n° 6877/2559 (2016)

   Section 131 empowers the investigator to collect all kinds of evidence, so far as possible, to ascertain the facts and circumstances of the alleged offence, identify the offender, and prove the guilt or innocence of the accused.

   In addressing whether the defendant official had committed an offence, the Supreme Court cited Section 131 as empowering the investigator to collect all available evidence to ascertain the facts and circumstances of the alleged offence, identify the offender, and prove guilt or innocence, read together with the seizure power in Section 85 paragraph three.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.