Section 134/3 — Right to have counsel present
Statutory text (Thai original)
ผู้ต้องหามีสิทธิให้ทนายความหรือผู้ซึ่งตนไว้วางใจเข้าฟังการสอบปากคำตนได้
English translation
The accused has the right to have a lawyer or a person whom he trusts attend and hear his interrogation.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This concise guarantee in Chapter 1 (Ordinary Inquiry) gives the accused the right to have a lawyer or a trusted person attend and hear the interrogation, complementing the right to counsel in Section 134/1 and the pre-questioning warning in Section 134/4. It is one of the rights the inquiry official must respect and, in practice, record as having been notified. Courts routinely treat compliance with Sections 134/1, 134/3, and 134/4 together as the benchmark for whether a statement taken during investigation may be used as evidence against the accused.
Why this matters in practice
You do not have to face questioning alone: you may bring a lawyer or a person you trust to sit in and hear the interrogation, and having them present helps guard against pressure and later disputes over what was said. Where the record shows this right, along with those under Sections 134/1 and 134/4, was honored, the resulting statement can be used as evidence, so the presence of counsel matters both for protection and for the strength of your position. To arrange a lawyer to attend your questioning, you can book a consultation with a Thai lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7491/2568 (2025)
Where the record shows the inquiry official notified the accused of the rights under Sections 134/1, 134/3, and 134/4 paragraph one before questioning, the accused's statement is admissible as evidence of guilt under Section 134/4 paragraph last.
The Court found the accused had given his statement voluntarily and that the record showed compliance with Sections 134/1, 134/3, and 134/4 paragraph one, so the confession at the investigation stage could be used as evidence and strengthened the prosecution witnesses' testimony.
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Supreme Court Judgment No. 8403/2561 (2018)
A confession recorded after the inquiry official notified the accused of rights under Sections 134/1, 134/3, and 134/4 paragraph one, taken close in time to the arrest, may be relied on to support the other prosecution evidence.
The Court noted the accused persons' investigation-stage statements recorded that the officer had notified rights under Sections 134/1, 134/3, and 134/4 paragraph one before questioning, and that the statements were given close to the events, so although hearsay they supported the other prosecution evidence.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can I have a lawyer sit in while police question me in Thailand?
Yes. Section 134/3 gives the accused the right to have a lawyer or a person he trusts attend and hear his interrogation.
Why does having counsel present matter for my statement?
Courts assess whether the rights under Sections 134/1, 134/3, and 134/4 were respected when deciding if a statement taken during investigation is admissible, so honoring the right to have counsel present supports the statement's use as evidence.