Article 233: Defendant Testifying as a Witness

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 8192/2561 (2018)

   A defendant's own testimony may be used against him and admitted together with other prosecution evidence under Section 233 paragraph two, even though an arrest-stage confession is separately restricted under Section 84.

   The court held that the second defendant's own testimony could be used against him and admitted together with the arresting officers' testimony as prosecution evidence under Section 233 paragraph two, separate from the Section 84 restriction on arrest-stage confessions.

2. Arrêt de la Cour suprême n° 960/2559 (2016)

   Where a defendant, answering cross-examination, admits a prior conviction, that testimony may be used against him under Section 233 paragraph two and admitted with the prosecution's other evidence.

   The court applied Section 233 paragraph two where the defendant, on cross-examination, admitted a previous conviction and imprisonment, holding that his testimony could be used against him together with the prosecution's other evidence when deciding whether to suspend the sentence.

3. Arrêt de la Cour suprême n° 963/2517 (1974)

   Denying a co-defendant the chance to cross-examine a testifying defendant is improper under Section 233, but causes no prejudice where the court does not use that testimony against the co-defendant.

   The trial court had refused to let the third defendant's counsel cross-examine the first and fourth defendants when they testified. The court held this was improper under Section 233, but since their testimony was not used to the third defendant's detriment, it did not prejudice him.

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