มาตรา 128/1 — พยานหลักฐานทางวิทยาศาสตร์และการตรวจดีเอ็นเอ

คำแปลภาษาไทย

Where it is necessary to use scientific evidence to prove any fact that is a material issue in the case, the court has power, when it thinks fit or when a party requests, to order the examination of any person, object, or document by scientific methods.
Where scientific evidence is able to prove a fact enabling the court to decide the case without taking other evidence, the court may, when it thinks fit or when a party requests, order the examination under paragraph one without waiting for the ordinary day of taking evidence.
Where the examination under paragraph one or paragraph two requires taking a sample of blood, tissue, skin, hair, urine, faeces, saliva or other secretions, genetic material, or another part of the body, or something in the body, from a party or any person, the court may have the party or person examined by a physician or other expert, but this shall be done only so far as necessary and reasonable, and it is the right of that party or person to consent or not.
Where a party does not consent to or does not cooperate with the examination under paragraph one or paragraph two, or does not give consent or obstructs the taking of body-part samples under paragraph three, it shall be presumed that the facts are as alleged by the opposing party.
The cost of the examination under this section shall be borne by the party requesting it and shall be deemed part of the court fees, but if the requester cannot pay the cost, or the court itself ordered the examination, the court shall pay it according to the regulations set by the Judicial Administration Commission, and liability for such cost shall be as provided in Section 158 or Section 161.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก