150 — วิธีชันสูตรพลิกศพและการไต่สวนของศาล

คำแปลภาษาไทย

Where an inquest is to be held, the inquiry official of the locality where the corpse is located shall, together with a forensic-medicine physician who holds a diploma or a certificate of approval from the Medical Council, conduct the inquest without delay. If no such forensic-medicine physician is available or is unable to perform the duty, a physician attached to a government hospital shall perform it; if no physician attached to a government hospital is available or is unable to perform the duty, a physician attached to the Provincial Public Health Office shall perform it; if no physician attached to the Provincial Public Health Office is available or is unable to perform the duty, a physician attached to a private hospital or a medical practitioner registered as a volunteer physician under the regulations of the Ministry of Public Health shall perform it; and in performing such duty, that physician of a private hospital or that medical practitioner shall be an official under the Penal Code. The inquiry official and the said physician shall immediately make a record of the details of the inquest, and the physician shall prepare a report appended to the record of the details of the inquest within seven days from the day of being notified of the matter; if there is necessity, the period may be extended not more than twice, each not exceeding thirty days, but the reasons and necessity for each extension must be recorded in the inquest file. Such report shall be deemed part of the inquest file. And where the death was not the result of a criminal offence, the inquiry official shall send the inquest file to the public prosecutor promptly upon completion of the inquest, and the public prosecutor shall proceed further under section 156.
It shall be the duty of the inquiry official to notify the persons whose duty it is to conduct the inquest, and before the inquest, the inquiry official shall notify the husband, wife, ascendant, descendant, legal representative, guardian, or a relative of the deceased, at least one person, so far as can be done.
Where a death occurs by the act of an official claiming to act in the course of duty, or the deceased died while in the custody of an official claiming to act in the course of duty, the public prosecutor and an administrative official holding a position from the level of assistant district officer or equivalent upward of the locality where the corpse is located shall conduct the inquest together with the inquiry official and the physician under paragraph one, and the provisions of paragraph two shall apply.
When the inquest under paragraph three has been conducted, the inquiry official shall notify the public prosecutor to join with the inquiry official in completing the inquest file within thirty days from the day of notification; if there is necessity, the period may be extended not more than twice, each not exceeding thirty days, but the reasons and necessity for each extension must be recorded in the inquest file.
Upon receiving the inquest file, the public prosecutor shall file a motion with the Court of First Instance of the locality where the corpse is located, for the court to hold an inquiry and make an order stating who the deceased is, where and when the death occurred, and the cause and circumstances of death; and if death was caused by another person's act, stating who caused it so far as can be ascertained, within thirty days from the day of receiving the file; if there is necessity, the period may be extended not more than twice, each not exceeding thirty days, but the reasons and necessity for each extension must be recorded in the inquest file.
In performing duties under paragraphs one, three, four, and five, the inquiry official shall comply with the orders of the public prosecutor.
In the inquiry under paragraph five, the court shall post a notice announcing the date on which the inquiry will be held at the court, and the public prosecutor shall file a motion with the court requesting the court to send a copy of the motion and notify the date of the inquiry to the husband, wife, ascendant, descendant, legal representative, guardian, or relatives of the deceased in order, at least one person so far as can be done, not less than fifteen days before the date of inquiry; and the public prosecutor shall adduce all evidence showing the death.
When the court has posted the notice announcing the date of the inquiry, and before the inquiry is concluded, the husband, wife, ascendant, descendant, legal representative, guardian, or relatives of the deceased have the right to file a motion with the court to enter and cross-examine the witnesses adduced by the public prosecutor and to adduce other evidence. For this purpose, such persons have the right to appoint a lawyer to act on their behalf. If no lawyer appointed by such persons enters the case, the court shall appoint a lawyer to act as counsel for the side of the deceased's relatives.
When the court sees fit for the interest of justice, the court may recall witnesses already adduced for further examination or call other evidence, and the court may request a qualified person or an expert to give an opinion to accompany the inquiry and the making of the order; but this shall not preclude the right of a person adducing evidence under paragraph eight to request that another qualified person or expert be called to give an opinion contradicting or supplementing that of the said qualified person or expert.
The order of the court under this section shall be final, but shall not affect the right to bring an action and the trial and adjudication of the court, if the public prosecutor or another person has brought or will bring an action concerning that death.
When the court has made its order, the record of the court's inquiry shall be sent to the public prosecutor to forward to the inquiry official to proceed further.
The physician under paragraph one, the officials who conducted the inquest, and the qualified persons or experts whom the court requested to give an opinion under this section are entitled to receive remuneration or an allowance, travel expenses, and accommodation charges according to the regulations prescribed by the Ministry of Justice with the approval of the Ministry of Finance. As for the lawyer appointed by the court under this section, he is entitled to receive a reward and expenses in the same manner as a lawyer appointed by the court under section 173.

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