Article 228: Court Power to Take Additional Evidence

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 5172/2566 (2023)

   The court may take additional evidence on its own motion or on a party's request under Section 228, and, through Section 15, may apply Civil Procedure Code Section 120 to allow a party to rebut a witness's credibility.

   The court affirmed that even while the defense evidence was being taken, it could take additional evidence under Section 228, and, applying Civil Procedure Code Section 120 through Section 15, allow a party to support its claim that an opposing witness should not be believed.

2. Arrêt de la Cour suprême n° 4790/2564 (2021)

   Where a guilty plea leaves doubt whether the defendant committed the offense or whether the act is an offense, the court should take additional evidence under Section 228 before judgment rather than convicting on the plea alone.

   The court held that a guilty plea does not always require immediate judgment; where there is doubt, the trial court should use its power under Section 228 to take additional evidence, or the appellate court may order the trial court to do so under Section 208(1).

3. Arrêt de la Cour suprême n° 423/2565 (2022)

   An appellate court should not decide a disputed factual point without taking additional evidence under Section 208(1) together with Section 228 where doing so is needed for a correct and just decision.

   The court held that the appellate court should have taken additional evidence under Section 208(1) with Section 228 on whether the defendant held a driving licence before ruling, rather than deciding the point hastily.

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