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.
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.