Section 237 bis — Pre-Trial Preservation of Witness Testimony

English translation

Before a case is filed with the court, where there is reasonable ground to believe that a witness will travel out of the Kingdom, has no permanent residence, is a person whose residence is far from the court that will try the case, or where there is reasonable ground to believe that the witness will be interfered with, whether directly or indirectly, or where there is any other necessary cause making it difficult to bring that witness to give evidence in the future, the public prosecutor, by himself or on the request of the injured person or of the inquiry official, may file a motion, stating the acts alleged against the accused, asking the court to order that the witness be examined at once. If the offender is known and is held in the custody of the inquiry official or the public prosecutor, the public prosecutor shall bring that person to the court; if held in the custody of the court, the court shall have that person produced for the proceedings. When the court receives such a motion, it shall examine that witness at once; in this connection the accused may cross-examine, or appoint counsel to cross-examine, that witness. In the case under paragraph two, if the accused is charged with a criminal offence for which, were the case prosecuted, the court would be required to appoint counsel or the defendant would have the right to have the court appoint counsel under Section 173, then before beginning to examine that witness the court shall ask the accused whether he has counsel. Where the court must appoint counsel, if the court considers that counsel can be appointed in time, it shall appoint counsel and proceed to examine the witness at once; but if the court considers that counsel cannot be appointed in time, or that the accused cannot appoint counsel in time, the court shall itself examine the witness on his behalf. The court shall read the witness's testimony to the witness, and if the accused is present in court, shall read that testimony in the presence of the accused. If the accused is later prosecuted as the defendant for that criminal offence, that witness's testimony may be admitted in the trial of that case. Where the accused considers that, if he were prosecuted as the defendant, a person he would necessarily need to call as his own witness will travel out of the Kingdom, has no permanent residence, is a person whose residence is far from the court that will try the case, or that there is reasonable ground to believe the witness will be interfered with, whether directly or indirectly, or that there is any other necessary cause making it difficult to bring that witness to give evidence in the future, the accused may file a motion with the court stating the reasons and necessity, asking the court to order that person examined as a witness at once. When the court thinks fit, it shall order the examination of that witness and notify the inquiry official and the public prosecutor concerned. In such examination the public prosecutor has the right to cross-examine that witness, and the provisions of paragraphs three, four, and five shall apply mutatis mutandis. The provisions of Section 172 ter shall apply mutatis mutandis to the examination of a witness who is a child not over eighteen years of age.

⚠︎ This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.