Section 234: Witness Privilege Against Self-Incrimination
Statutory text (Thai original)
พยานไม่ต้องตอบคำถามซึ่งโดยตรงหรืออ้อม อาจจะทำให้เขาถูกฟ้องคดีอาญา เมื่อมีคำถามเช่นนั้นให้ศาลเตือนพยาน
English translation
A witness need not answer any question which, directly or indirectly, may expose him to a criminal prosecution. When such a question is put, the court shall warn the 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 234 sits in Book 5 (Evidence), Chapter 2 on oral evidence, and codifies the privilege against self-incrimination for witnesses. Unlike the accused, an ordinary witness is generally compellable to testify, but this section carves out an exception: he may refuse to answer where the answer, directly or indirectly, could lead to his own criminal prosecution. The duty imposed on the court to warn the witness is mandatory, protecting witnesses who may not know their rights. It complements the accused's own broader right of silence and should be read alongside the general rules on examining witnesses in this Chapter.
Why this matters in practice
If you are called as a witness in a Thai criminal trial, remember that you can refuse to answer a question that could implicate you in a crime, and the judge is obliged to remind you of this. This differs from the accused, who has a full right of silence. Because the line between an innocent answer and a self-incriminating one can be subtle, especially through an interpreter, it is wise to take advice before testifying. See what to know before you go to court in Thailand for how hearings run.
Cited in 1 Supreme Court decisions (1994 to 1994)
Selected citing decisions
- Decision 1729/2537 (1994)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
Frequently asked questions
Can a witness refuse to answer a question in a Thai criminal trial?
Yes. Under Section 234, a witness may refuse to answer any question that could, directly or indirectly, expose him to a criminal prosecution, and the judge must warn him of this right.
Is a witness's right to silence the same as the accused's?
No. The accused has a full right to remain silent, while a witness may only decline questions whose answers could expose him to criminal liability. On other matters a witness is generally compellable.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Criminal Procedure Code, s. 234 (Thailand) -
Academic citation
Criminal Procedure Code (Thailand), s. 234. ThaiLawOnline, https://www.thailawonline.com/thai-criminal-procedure-code/section-234/ (accessed 11 August 2026). -
Thai citation
ป.วิ.อ. มาตรา 234 -
Permalink
https://www.thailawonline.com/thai-criminal-procedure-code/section-234/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-criminal-procedure-code/section-234/"><p>A witness need not answer any question which, directly or indirectly, may expose him to a criminal prosecution. When such a question is put, the court shall warn the witness.</p><footer>Criminal Procedure Code, s. 234 (Thailand) — <a href="https://www.thailawonline.com/thai-criminal-procedure-code/section-234/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.