มาตรา 133 ทวิ — การสอบปากคำเด็กเป็นผู้เสียหายหรือพยาน

คำแปลภาษาไทย

In cases of offenses relating to sexuality, offenses against life and body that are not offenses arising from an affray, offenses against liberty, offenses of extortion, robbery, and gang robbery under the Penal Code, offenses under the law on prevention and suppression of prostitution, offenses under the law on measures for prevention and suppression of trafficking in women and children, offenses under the law on entertainment venues, or other offenses carrying a penalty of imprisonment where the injured person or a witness who is a child not exceeding eighteen years of age so requests, the questioning of an injured person or a witness who is a child not exceeding eighteen years of age shall be conducted by the inquiry official separately in a place suitable for children, and a psychologist or social worker, a person requested by the child, and a public prosecutor shall be present during the questioning of the child. Where the psychologist or social worker is of the opinion that questioning a child, or a particular question, may have a severe impact on the child's mind, the inquiry official shall put the question specifically through the psychologist or social worker according to the inquiry official's line of questioning, without the child hearing the inquiry official's question, and it is prohibited to question the child repeatedly without reasonable cause. It shall be the duty of the inquiry official to inform the psychologist or social worker, the person requested by the child, and the public prosecutor, and also to inform the injured person or the child witness of the right under paragraph one. A psychologist or social worker, or a public prosecutor, who takes part in the questioning may be objected to by the injured person or the witness who is a child, and if such a case arises, that person shall be replaced. Subject to Section 139, the questioning of a child under paragraph one shall be arranged by the inquiry official so that an image-and-sound recording of the questioning that can be reproduced continuously is made and kept as evidence. In a case of extreme urgency where there is reasonable cause and it is not possible to wait for the psychologist or social worker, the person requested by the child, and the public prosecutor to take part in the questioning together, the inquiry official may question the child with any one of the persons under paragraph one present, but must record the reason it was not possible to wait for the others in the investigation file, and questioning of the injured person or the child witness so conducted shall not be regarded as unlawful.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก