Section 233 — Defendant Testifying as a Witness
Statutory text (Thai original)
จำเลยอาจอ้างตนเองเป็นพยานได้ ในกรณีที่จำเลยอ้างตนเองเป็นพยานศาลจะให้เข้าสืบก่อนพยานอื่นฝ่ายจำเลยก็ได้ ถ้าคำเบิกความของจำเลยนั้นปรักปรำหรือเสียหายแก่จำเลยอื่น จำเลยอื่นนั้นซักค้านได้ในกรณีที่จำเลยเบิกความเป็นพยาน คำเบิกความของจำเลยย่อมใช้ยันจำเลยนั้นได้ และศาลอาจรับฟังคำเบิกความนั้นประกอบพยานหลักฐานอื่นของโจทก์ได้
English translation
The defendant may cite himself as a witness. Where the defendant cites himself as a witness, the court may allow him to be examined before the other defense witnesses. If the defendant's testimony incriminates or is prejudicial to another defendant, that other defendant may cross-examine. Where the defendant testifies as a witness, the defendant's testimony may be used against that defendant, and the court may admit that testimony together with other evidence of the prosecutor.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 233 is the counterpart to Section 232: while the prosecutor cannot call the defendant, the defendant may elect to testify. It sits in Book 5, Title 2 on witness testimony. The section permits the testifying defendant to be examined ahead of other defense witnesses, protects a co-defendant's right to cross-examine incriminating testimony, and, in paragraph two, provides that a defendant's own testimony may be used against him and admitted with the prosecution's other evidence. This is a significant consequence of electing to testify: it opens the defendant to having his words weighed for the prosecution. It interacts with Section 84 on the limits of admitting arrest-stage confessions.
Why this matters in practice
Deciding whether to testify is one of the most consequential choices a defendant makes. The upside is a chance to give your account directly; the downside, under paragraph two, is that your testimony can be used against you and read together with the prosecution's evidence, including answers you give on cross-examination. If you have co-defendants, remember your testimony may be cross-examined by them if it harms their position. Weigh this decision carefully with your lawyer, because once you take the stand, what you say becomes evidence in the case.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 8192/2561 (2018)
A defendant's own testimony may be used against him and admitted together with other prosecution evidence under Section 233 paragraph two, even though an arrest-stage confession is separately restricted under Section 84.
The court held that the second defendant's own testimony could be used against him and admitted together with the arresting officers' testimony as prosecution evidence under Section 233 paragraph two, separate from the Section 84 restriction on arrest-stage confessions.
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Supreme Court Judgment No. 960/2559 (2016)
Where a defendant, answering cross-examination, admits a prior conviction, that testimony may be used against him under Section 233 paragraph two and admitted with the prosecution's other evidence.
The court applied Section 233 paragraph two where the defendant, on cross-examination, admitted a previous conviction and imprisonment, holding that his testimony could be used against him together with the prosecution's other evidence when deciding whether to suspend the sentence.
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Supreme Court Judgment No. 963/2517 (1974)
Denying a co-defendant the chance to cross-examine a testifying defendant is improper under Section 233, but causes no prejudice where the court does not use that testimony against the co-defendant.
The trial court had refused to let the third defendant's counsel cross-examine the first and fourth defendants when they testified. The court held this was improper under Section 233, but since their testimony was not used to the third defendant's detriment, it did not prejudice him.
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 a defendant choose to testify in a Thai criminal trial?
Yes. Section 233 allows the defendant to cite himself as a witness and to be examined before the other defense witnesses, but it is a choice, not an obligation.
Can my own testimony be used against me?
Yes. Under Section 233 paragraph two, if you testify, your testimony may be used against you and admitted together with the prosecution's other evidence, so the decision to take the stand carries real risk.
Can a co-defendant cross-examine me if I testify?
Yes. Under Section 233, if your testimony incriminates or prejudices another defendant, that co-defendant has the right to cross-examine you.