"Section 8.- From the time of entry of a charge, an accused is entitled as follows:
(1) To be tried a case speedily, continuously and fair;
(2) To make a counsel in the preliminary examination or to trial in The Court of First Instance according The Appeal Court and The Supreme Court;
"Section 711" revised by Section 4 and "Section 8" revised by Section 5 of the Act Amending the Criminal Procedure Code (No.22), B.F. 2547
(3) To discuss with the lawyer or person will be lawyer as personal;
(4) To look into things filed as evidence and to be copied or to take one's picture;
(5) To look into the file of the inquiry of preliminary examination or hearing of the Court and to copy or to an accept attested copy upon the payment of the fee, unless there is an instruction with the exception of such fee;
(6) To look into or to copy an own plea in holding an inquiry or a document in corroboration of an own plea;
If an accused has a lawyer, such lawyer is entitled in the same manner as the accused as aforesaid;
When a Public Prosecutor has preferred a charge before the Court, an aggrieved party shall be entitled in compliance with the first paragraph (6) in the same manner as the accused."
Section 13
The inquiry, preliminary examination or trial shall be made in Thai; but if it is necessary to translate Local Thai language or dialect or Thai into a foreign language or foreign language into Thai, an interpreter shall be required.
In case of the injured person, the alleged offender, the- accused or the witness cannot speak or understand Thai language or can speak or understand only local Thai Language or dialect and have no interpreter, the inquiry official, Public Prosecutor or Court shall procure an interpreter for him without delay.
Section 83
. If there is the arrest warrant which it must be showed to the arrested person with notifying that the arrested person is entitled to make a statement or not, and the arrested person's sayings may be exercised as evidence in the trial of the case, and the arrested person is entitled to see and talk with lawyer or person who will be lawyer. If the arrested person desires to notify the relative or the person trusted by oneself to the arrest able to proceed conveniently and it is not obstruction of arrest or restraint of the arrested person or cause of non-safety of anyone, the official shall grant the permission to the arrested person proceeding as may be reasonable to case. In this case, the arrester official shall note the arrest as aforesaid;
Section 90.— Where it is alleged that a person is being unlawfully detained in a criminal case or in any other matter, the following persons may submit a petition to the local Court competent to try the criminal case, requesting the person’s release:
(1) The detained person;
(2) The Public Prosecutor;
(3) The inquiry official;
(4) The governor of the prison or the gaoler;
(5) The detained person’s spouse or relative, or any other person acting for the detained person’s benefit.
Upon receiving such a petition, the Court shall conduct an inquiry without delay.
Where the Court considers that the petition is well-founded, it may order the gaoler to bring the detained person before the Court without delay.
If the gaoler is unable to satisfy the Court that the detention is lawful, the Court shall order the detained person’s immediate release.
Section 172.- Unless otherwise provided, the trial and the taking of evidence shall be conducted in open Court and in the presence of the accused.
When the prosecutor. or his counsel and the accused are before the Court, and, after the Court has been satisfied as to the identity of the accused, the charge shall be read out and explained to the accused and he shall then be asked whether or not he has committed the offence and what will be his defence. The statement made by the accused shall be written down. If he accused refuses to make a statement, this fact shall be written down in the memorandum and the trial shall then proceed.
"Section 172 bis.- After the proceedings under Section 172, second paragraph, has been taken by the Court, and the Court deems expedient that the trial shall be proceeded without delay, it has. the power to conduct the trial and the taking of evidence in the absence of the accused in the following cases:
"(1) in the case of offences punishable with imprisonment the maximum of which does not exceed ten years, irrespective of any punishment with fine is imposed or not, or in the case of offences punishable with fine only, the accused has a counsel and has been granted permission from the Court not to attend the trial and the taking of evidence:"
been satisfied to the statement of the prosecutor that the trial and the taking of evidence applied by the prosecutor do not involve any accused, it may conduct the trial and the taking of evidence in the absence of such accused;
(3) In the case of several accused persons, the Court may, if it thinks fit, conduct the trial and the taking of evidence upon each accused in the absence of any other accused.
In the case where the Court has conducted the trial and the taking of evidence according to (2) or (3) in the absence of any accused, no Court shall, in any case whatever, be bound by the trial and the taking of evidence conducted in the absence of, and to be detrimental to, such accused."
section 174
After the witness for the prosecution has been taken, the accused is entitled to open the case for the purpose of stating to the Court the case for the defence, by setting forth the facts or provisions of law upon which he proposes to rely, and the evidence which he proposes to bring. The accused shall then adduce the witness for the defence.
After the witness for the defence has been taken, the prosecutor and the accused are entitled to close their respective cases either orally or in writing, or both.
In the course of the trial, if the Court is of opinion that it is not necessary to take further evidence or to carry out any further proceedings, it may issue an order dispensing with the taking of such evidence or the carrying out of such proceedings.
"Section 176.- In the trial of a case, if the accused pleads guilty to the charge, the Court may give judgment without taking any further evidence, provided that if the minimum punishment in the case where the accused pleads guilty to the charge is imprisonment from five years upwards or heavier, the Court must hear the witness for the Prosecution until it is satisfied that the accused is guilty.
In the case of several accused, and only some accused have pleaded guilty to the charge, the Court may, if it thinks fit, dispose of the case for those who refuse guilty in order that the prosecutor may institute the prosecution against such accused as another case within the period fixed by the Court."
Section 232.- 232.- The accused may not be cited as a witness by the prosecutor.
Section 234.- A witness is not bound to answer questions which may directly or indirectly incriminate himself. When there is such a question, the Court shall warn the witness.
"Section 237.- The note of witness' testimony in the stage of preliminary examination or trial shall be read by the Court to the witness to listen in the present of the accused person except in case as provided in the section 165, the third paragraph.
In case of parties' agreement, the Court may permit to take the testimony note in the stage of preliminary examination as a witness' testimony in the stage of trial and the witness has not to give a new testimony or the witness giving testimony can immediately answer the accused person's cross-examination, except accusation of statutory offence with minimum rate of imprisonment for five years up or more severe punishment."
Section 237
In the case according to the second paragraph, if it is the case where the alleged offender is alleged to commit the criminal offence which if the criminal prosecution is instituted, the Court has to appoint a counsel for him or the accused has right to apply to the Court to appoint one for him according to Section 173, the Court shall ask the alleged offender whether he has a counsel or not before the taking of the witness' testimony begins. In the case where the Court has to appoint a counsel for the alleged offender, if the Court is of opinion that it can appoint one for him in time, it shall do so and proceed with the taking of the witness' testimony promptly. But, if the Court is of opinion that it can not appoint a counsel for him in time, or the alleged offender can not appoint one in time, the Court itself shall examine the witness for him.
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.