The Thai Criminal Justice System and Role of the Court : Post-Amendment of Section 165/2 of the Criminal Procedure Code

Abstract

This academic article aims to examine the Thai criminal procedure system before and after the amendment to the Criminal Procedure Code (No. 33), which introduced Section 165/2. This section grants the accused the right to submit statements of facts and legal arguments, as well as evidence beneficial to the court’s consideration, during the preliminary examination stage. Consequently, the court is vested with the discretionary power to summon such evidence as requested by the accused. The amendment to Section 165/2 of the Criminal Procedure Code significantly alters the traditional roles of both the court and the accused. Therefore, this article analyzes the Thai criminal procedure system prior to and following this amendment to determine its underlying procedural model, whether it functions as an adversarial, inquisitorial, or mixed system. A clear understanding of this procedural framework enables the court and the litigants to better comprehend their respective roles, thereby enhancing the efficiency of the court's case-screening process and ultimately benefiting all parties involved.