Section 172 quater — Out-of-Court Examination of a Child Witness
Statutory text (Thai original)
ให้นำบทบัญญัติในมาตรา ๑๗๒ ตรี
มาใช้บังคับโดยอนุโลมแก่การสืบพยานนอกศาลในคดีที่พยานเป็นเด็กอายุไม่เกินสิบแปดปี
English translation
The provisions of Section 172 ter shall apply mutatis mutandis to the taking of evidence out of court in a case where the witness is a child not over eighteen years of age.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This short extension provision, in the Title on the trial, ensures that the child-protective procedures of Section 172 ter, such as a child-appropriate setting, questioning through a psychologist or social worker, and image-and-sound transmission, are not lost when a child's evidence must be taken away from the courtroom, for example at a hospital or another suitable location. By applying Section 172 ter mutatis mutandis, it keeps the safeguards consistent whether the child testifies in court or outside it, and it dovetails with Section 173 ter and the general rules on taking evidence out of court. The aim is uniform protection for witnesses under eighteen regardless of where the examination physically occurs.
Why this matters in practice
If a child witness is examined outside the courtroom, the same protections apply, so parties should expect a psychologist or social worker, a suitable setting, and image-and-sound recording just as at a hearing in court. This matters where a child cannot practically attend court due to health or trauma, since the out-of-court examination still produces evidence usable at trial. Parties planning to request or oppose an out-of-court examination of a child should get tailored advice through an online consultation with a Thai lawyer.
Frequently asked questions
Do child-witness protections apply when evidence is taken outside court?
Yes. Section 172 quater applies the Section 172 ter procedures, including a child-appropriate setting, intermediaries, and image-and-sound transmission, to the taking of a child's evidence out of court.
When would a child be examined out of court?
Out-of-court examination is used where a child under eighteen cannot practically attend court, such as for health or trauma reasons. Under Section 172 quater the same protective procedures apply as in a courtroom examination.