มาตรา 244/1 — การสั่งตรวจพิสูจน์ทางวิทยาศาสตร์

คำแปลภาษาไทย

In a criminal offence carrying a penalty of imprisonment, where it is necessary to use scientific evidence to prove any fact that is a material issue in the case, the court shall have power to order the scientific examination of any person, object, or document. Where the examination under paragraph one requires the collection of samples of blood, tissue, skin, hair, saliva, urine, faeces, secretions, genetic material, or parts of the body from a party or any person, the court shall have power to order a physician or expert to conduct such examination; but it must be done only so far as necessary and reasonable, using the method causing the least pain that can be achieved, and it must not be dangerous to the body or health of that person, and the party or person concerned must give consent. If a party refuses consent, or, without reasonable cause, obstructs the person concerned from giving consent, it shall be presumed at the outset that the fact is as alleged by the opposing party. Where scientific evidence can prove a fact that may enable the court to decide the case without having to take other evidence, or where there is reasonable ground to believe that, if there is delay before important scientific evidence is presented in the future, that evidence will be lost or made difficult to examine, then upon the request of a party or when the court thinks fit, the court may order a scientific examination under paragraphs one and two at once, without having to wait for the ordinary day for taking evidence; and the provisions of Section 237 bis shall apply mutatis mutandis. The cost of the examination under this section shall be paid out of the budget in accordance with the regulations prescribed by the Judicial Administration Commission with the approval of the Ministry of Finance.

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