Section 232 — Prosecutor Cannot Call the Defendant
Statutory text (Thai original)
ห้ามมิให้โจทก์อ้างจำเลยเป็นพยาน
English translation
The prosecutor is prohibited from citing the defendant as a witness.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 232 embodies the privilege against self-incrimination by barring the prosecutor from compelling the defendant to testify. It sits in Book 5, Title 2 on witness testimony. The Supreme Court has consistently held that the prohibition applies only to the defendant in the same case: the prosecutor is not barred from calling as a witness a person who committed the offense together with the defendant but is being tried separately, nor from relying on that person's testimony given in another case. Such co-offender evidence, however, is accomplice testimony and must be weighed with caution under Section 227/1. The provision underpins the defendant's separate right to elect to testify under Section 233.
Why this matters in practice
For an accused, this is a core protection: the prosecution cannot put you on the stand to build its case against you. Watch the limit, though, a co-offender tried in a separate case can be called, and that person's testimony can be used, so charging strategy and severance affect who may testify. When such accomplice evidence appears, insist that the court apply the caution rule of Section 227/1. If you face charges alongside others, ask your lawyer how severance and separate trials could expose you to co-defendant testimony.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1362/2561 (2018)
The Section 232 bar on the prosecutor citing the defendant as a witness applies only to the defendant in the same case; using a defendant's testimony given in another case is not prohibited.
The court held that Section 232 refers only to the defendant in the same case and does not bar the prosecutor from relying on the defendants' testimony given in other civil and criminal cases, so relying on that earlier testimony was lawful.
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Supreme Court Judgment No. 1164/2547 (2004)
Section 232 prohibits the prosecutor from citing only the defendant in the same case; a person separately prosecuted for the same conduct may be called as a prosecution witness.
The defense argued that calling a person separately charged for the same forgery as a prosecution witness violated Section 232. The court held the bar applies only to the defendant in the same case, so a person prosecuted in a separate case could properly be a prosecution witness.
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Supreme Court Judgment No. 12569/2555 (2012)
A person separately prosecuted may be called as a prosecution witness without breaching Section 232, but his statements implicating the defendant are accomplice testimony to be weighed cautiously under Section 227/1.
The court held the prosecution could call a co-offender whose case had been severed, so Section 232 was not breached; however, that person's statements implicating the defendant in receiving stolen property were accomplice testimony requiring cautious weighing under Section 227/1.
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 the prosecution force the defendant to testify?
No. Section 232 prohibits the prosecutor from citing the defendant as a witness, protecting the right against self-incrimination in the same case.
Does the ban cover a co-offender tried in a separate case?
No. The Supreme Court holds that Section 232 applies only to the defendant in the same case, so the prosecutor may call a co-offender who is prosecuted separately, though that testimony is accomplice evidence weighed cautiously under Section 227/1.