Article 229/1: List of Evidence Requirement and Deadlines

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 3477/2565 (2022)

   A document is not barred from being admitted under Section 229/1 paragraph four where it is already in the list of evidence for the purposes of paragraph one. Where the joint plaintiff has adopted the prosecutor's list, which already includes the document, the document counts as listed and may be relied on.

   The defendants argued that the copy of the daily police report the joint plaintiff relied on was not in the list of evidence and so could not be admitted under Section 229/1 paragraph four. The Supreme Court held it could: the document was already in the prosecutor's list of evidence, which the joint plaintiff had adopted, so it was not barred. The report recorded that the sub-delegate had come to the inquiry official to lodge the sub-power of attorney and to complain against the defendants, which supported the finding that the complaint, the investigation and the prosecution were all lawful.

2. Arrêt de la Cour suprême n° 1270/2563 (2020)

   Where the prosecution files its list of evidence later than the seven days required by section 173/1 paragraph two, the court of first instance may still allow the evidence to be given and admit it under the final paragraph of section 229/1 if the breach cost the defence no opportunity to fight the case. The civil rules on filing lists of witnesses are not brought into a criminal case through section 15.

   The prosecution filed its list of evidence less than seven days before the hearing, in breach of section 173/1 paragraph two. The defendants received a copy without objecting and their counsel cross-examined the listed witnesses. The Supreme Court held the breach had cost them no opportunity to fight the case, so the court of first instance had power to allow the evidence and admit it under the final paragraph of section 229/1. Because criminal procedure already provides for inspection of evidence so that a trial is quick, continuous and fair, the civil rules on filing witness lists were not to be applied through section 15.

3. Arrêt de la Cour suprême n° 3276/2561 (2018)

   Although documentary evidence not listed under Section 229/1 paragraph one is in principle barred under paragraph four and Section 240 paragraph three, the court retains discretion to admit it in the interest of justice where necessary.

   The prosecution had not filed the list of evidence for documents outside the investigation file. The court held that while Section 229/1 paragraph four and Section 240 paragraph three bar such evidence, admission remains within the court's discretion where the interest of justice requires taking the evidence.

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