Section 9: Requirements for an official memorandum
Statutory text (Thai original)
บันทึกต้องระบุสถานที่ วันเดือนปีที่ทำ นามและตำแหน่งของเจ้าพนักงานผู้ทำเมื่อเจ้าพนักงานทำบันทึกโดยรับคำสั่งจากศาลหรือโดยคำสั่งหรือคำขอของเจ้าพนักงานอื่น ให้เจ้าพนักงานนั้นกล่าวไว้ด้วยว่าได้รับคำสั่งหรือคำขอเช่นนั้น และแสดงด้วยว่าได้ทำไปอย่างใดให้เจ้าพนักงานผู้ทำบันทึกลงลายมือชื่อของตนในบันทึกนั้น
English translation
A memorandum shall state the place and the date on which it is made, and the name and position of the official who makes it. Where an official makes a memorandum on the order of the Court, or by the order or request of another official, that official shall so state, and shall also show what has been done. The official who makes the memorandum shall sign his name in it.
This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.
Firm annotation
Section 9 is one of the Code's formality provisions, alongside Sections 10, 11 and 12, that govern how official documents in a criminal case are drawn up. It fixes the essential particulars of a memorandum made by an official, ensuring the record shows who made it, where, when, and under whose authority. These formalities support the reliability of memoranda used as evidence, and connect with the definition of "memorandum" in Section 2(20).
Why this matters in practice
For litigants, Section 9 is a checklist for testing whether an official memorandum in the file was properly made. A memorandum missing the place, date, the officer's name and position, or signature, or that hides that it was made on another's order, may be open to challenge on reliability. Defense teams often scrutinize these formalities when contesting the weight of investigative records.
Cited in 7 Supreme Court decisions (1956 to 2016)
Selected citing decisions
- Decision 1963/2515 (1972)
- Decision 995/2499 (1956)
- Decision 2107/2553 (2010)
- Decision 10265/2551 (2008)
- Decision 6905/2559 (2016)
- Decision 25/2552 (2009)
- Decision 6616/2557 (2014)
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.
Most often cited alongside
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
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
What must an official memorandum contain under the Thai Criminal Procedure Code?
Under Section 9, it must state the place and date it was made, the name and position of the officer, any order or request it was made under, and it must be signed by that officer.
What happens if a memorandum is missing required details?
The Code requires these particulars for reliability, so a memorandum lacking them, such as the officer's signature, may be challenged when its evidential weight is assessed.
Cite this section
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Plain citation
Criminal Procedure Code, s. 9 (Thailand) -
Academic citation
Criminal Procedure Code (Thailand), s. 9. ThaiLawOnline, https://www.thailawonline.com/thai-criminal-procedure-code/section-9/ (accessed 11 August 2026). -
Thai citation
ป.วิ.อ. มาตรา 9 -
Permalink
https://www.thailawonline.com/thai-criminal-procedure-code/section-9/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-criminal-procedure-code/section-9/"><p>A memorandum shall state the place and the date on which it is made, and the name and position of the official who makes it. Where an official makes a memorandum on the order of the Court, or by the order or request of another…</p><footer>Criminal Procedure Code, s. 9 (Thailand) — <a href="https://www.thailawonline.com/thai-criminal-procedure-code/section-9/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.