The Reliability of Forensic Evidence in Criminal Cases in Thai Courts

Abstract

This research article, titled "The Reliability of Forensic Evidence in Criminal Trials in Thai Courts," is a documentary research study aimed at analyzing and comparing Thailand's Criminal Procedure Code with German law regarding forensic evidence in criminal trials. This study aims to draw conclusions and provide recommendations for amending Thai law, which will enhance the reliability of forensic evidence in Thai criminal trials.

The research findings reveal:

1. The reliability of forensic evidence in Thai criminal trials remains questionable. This is because the process for acquiring forensic evidence still has issues with the court's authority to order forensic evidence examination, which is limited by legal rights.
2. The use of forensic evidence in Thai criminal trials lacks credibility. This differs from German law in that Thai criminal trials do not involve the consultation of experts from multiple parties to provide factual information. This is limited to government agencies with designated responsibilities. Therefore, the court has the discretion to choose whether or not to use it. This affects the weighing of evidence and the balancing of the court's decision-making power, ensuring fairness for all parties before the case is finalized. Furthermore, expert witnesses are not clearly separated from witnesses, as they are considered only a type of witness. Consequently, forensic evidence in Thai criminal trials lacks a credible supporter, affecting the weighing of evidence used in criminal trials.