มาตรา 44/1 — คำร้องขอค่าสินไหมทดแทนของผู้เสียหาย

คำแปลภาษาไทย

In a case where the public prosecutor is the plaintiff, if the injured person has a right to claim compensation because of harm to life, body or mind, or damage to liberty of the body, to reputation, or to property, arising from the defendant's commission of the offence, the injured person may file a motion with the court trying the criminal case asking that the defendant be ordered to pay compensation to him. The motion under paragraph one must be filed by the injured person before the taking of evidence begins; where there is no taking of evidence, the motion must be filed before the court adjudicates the case. Such motion shall be deemed a plaint under the provisions of the Civil Procedure Code, and the injured person stands in the position of plaintiff in that civil part. The motion must set out reasonable particulars concerning the damage and the amount of compensation claimed. If the court is of the view that the motion still lacks some essential matter, it may order the applicant to amend the motion to make it clear. The motion under paragraph one may not include any request other than an order that the defendant pay compensation arising from the defendant's commission of the offence in the criminal case, and it must not conflict with the charge in the criminal case brought by the public prosecutor. And in a case where the public prosecutor has already proceeded under section 43, the injured person may not file a motion under paragraph one to claim the property or its value again.

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