Section 229 — Court Takes Evidence In or Out of Court
Statutory text (Thai original)
ศาลเป็นผู้สืบพยาน จะสืบในศาลหรือนอกศาลก็ได้ แล้วแต่เห็นควรตามลักษณะของพยาน
English translation
The court is the one who takes the evidence. It may take the evidence inside or outside the court, as it sees fit according to the nature of the evidence.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 229 states two connected principles: the court is the organ that takes evidence in a criminal trial, and it has flexibility on location, in court or outside where the nature of the evidence requires. It sits in Book 5 General Principles. The out-of-court option supports on-site viewing of physical evidence or scenes and dovetails with Section 230, which allows commissions to another court and on-site examination, and Section 230/1, which permits video-conference testimony. The provision underlines the Thai inquisitorial feature that the judge, not merely the parties, controls how evidence is received.
Why this matters in practice
In practice this is why a Thai judge may leave the courtroom to inspect a scene, a vehicle, or an object where photographs alone are inadequate. It confirms that evidence is received under judicial control, not simply presented by the parties. If your case involves a location or physical item that needs to be seen firsthand, your lawyer can ask the court to take evidence on site under this section. Knowing that the judge leads evidence-taking helps set realistic expectations about how a Thai hearing unfolds.
Frequently asked questions
Can a Thai court take evidence outside the courtroom?
Yes. Section 229 allows the court to take evidence inside or outside the courtroom as it sees fit according to the nature of the evidence, which supports on-site inspection of scenes or physical exhibits.
Who controls the taking of evidence in a criminal trial?
The court does. Under Section 229 the court is the one who takes the evidence, reflecting the inquisitorial feature of Thai criminal procedure where the judge leads evidence-taking.