มาตรา 172 ตรี — การสืบพยานที่เป็นเด็ก

คำแปลภาษาไทย

Except where the defendant offers himself as a witness, in taking the evidence of a witness who is a child not over eighteen years of age, the court shall arrange for the witness to be in a place suitable for children, and the court may take one of the following courses: (1) the court itself questions the witness, informing the witness of the issues and facts to be examined and then having the witness testify on those matters, or the court may put questions through a psychologist or a social worker; (2) the parties conduct examination, cross-examination, or re-examination through a psychologist or a social worker. In the taking of the evidence of such a witness under paragraph one, the image and sound shall be transmitted to the courtroom, and it is the court's duty to inform the psychologist or social worker before the taking of evidence under paragraph one. If the court considers it appropriate, or if the child witness not over eighteen years of age or a party so requests with reasonable grounds and it appears on consideration that it would harm the child not to allow the request, the court shall arrange for the transmission of the image and sound of the statement of the injured person or witness who is a child not over eighteen years of age recorded at the investigation stage under Section 133 bis or at the preliminary-hearing stage under Section 171 paragraph two, before the parties; and in such a case the image-and-sound medium of that witness's statement shall be treated as part of that witness's testimony in the trial before the court, and the parties may put additional questions to, cross-examine, or re-examine the witness, but only so far as necessary and within the scope the court considers appropriate. Where the witness cannot be produced to testify under paragraph one because of an extreme necessity, the court shall admit the image-and-sound medium of that witness's statement at the investigation stage under Section 133 bis or at the preliminary-hearing stage under Section 171 paragraph two as if it were that witness's testimony in the trial before the court, and the court may admit it in support of other evidence in deciding the case.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก