มาตรา 172 ทวิ — การพิจารณาและสืบพยานลับหลังจำเลย

คำแปลภาษาไทย

After the court has proceeded under Section 172 paragraph two, when the court considers it appropriate in order to avoid delay in the proceedings, the court has power to try the case and take evidence in the defendant's absence in the following cases: (1) in a case with a maximum penalty of imprisonment not exceeding ten years, whether or not with a fine, or a case with a fine only, where the defendant has counsel and has been permitted by the court not to attend the trial and the taking of evidence; (2) in a case with several defendants, if the court is satisfied by the prosecutor's statement that the trial and taking of evidence the prosecutor requests do not concern a particular defendant, the court may try the case and take evidence in that defendant's absence; (3) in a case with several defendants, if the court considers it appropriate, it may try and take the evidence of one defendant in the absence of the other defendants; (4) the defendant is unable to attend the trial and the taking of evidence due to illness or another unavoidable necessity, where the defendant has counsel and has been permitted by the court not to attend the trial and the taking of evidence; (5) during the trial and the taking of evidence, the court orders the defendant to leave the courtroom for obstructing the proceedings, or the defendant leaves the courtroom without the court's permission. In a case tried and heard under (2) or (3) in the absence of a defendant, in any event the court shall not admit the trial and the taking of evidence conducted in absence to the prejudice of that defendant. Section 172 bis/1: After the court has proceeded under Section 172 paragraph two, when the court considers that the defendant has absconded or fails to attend the trial and the taking of evidence without reasonable cause, the court shall issue an arrest warrant for the defendant. If the defendant is not obtained within three months from the date the warrant is issued, when the court considers it appropriate in the interest of justice so that the trial may proceed without delay, and the defendant has counsel, the court has power to try and take evidence in the defendant's absence, and when it has completed the trial, the court shall render judgment in the case. The trial and taking of evidence under paragraph one must not be a case carrying the penalty of death or a case where the defendant is not over eighteen years of age on the day the charge is filed with the court. Section 172 bis/2: In a case where the defendant is a juristic person, after the court has proceeded under Section 172 paragraph two, where the court has issued an arrest warrant for the manager or representative of that juristic person but that person has not been obtained within three months from the date the warrant is issued, and no other representative of the juristic person can act on its behalf, when the court considers it appropriate in the interest of justice so that the trial may proceed without delay, the court has power to try and take evidence in the defendant's absence, and when it has completed the trial, the court shall render judgment in the case.

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