In today’s post, we would like to discuss how important witness testimony is in criminal cases in Thailand. This critical element of the criminal case trial process should not be ignored, since the judges in the criminal courts of Thailand can consider witness testimony from a credible witness to be as important as physical evidence. The lawyers and case managers at Thailand Bail have seen other Thai lawyers make the mistake in not preparing adequately for trial, especially for the witnesses from the prosecution. In this post, we will look at what kind of witnesses will have their testimony considered by the court and what makes a witness credible or not credible. Finally, we will briefly examine some ways in which witnesses can be made to seem not credible. 

Only Some Witnesses Are Considered Credible

This topic is too complex to cover in a post on our website, and the aspects of credibility differ from case to case. However, it is important to note that not every witness in a case is considered credible. The most important aspect of credibility is if the witness is perceived by the judges to not have any benefit to the testimony they give. Whilst family members of defendants can be credible witnesses, it is important to show the court that the testimony is not biased one way or the other, or the court will not consider family member testimony at all in their judgment. Witnesses who are third parties, such as security guards, staff at a restaurant, bank officers, or even acquaintances can be credible witnesses. Thailand Bail has used the testimony of all of these sorts of people to help in winning difficult criminal cases in Bangkok, Udon Thani, Pattaya, Chiang Mai, Koh Samui, Phuket, and other places in Thailand. 

Showing a Witness to be Not Credible

Just as important as finding credible witnesses or trial is knowing how to show there opposing side’s witnesses as not being credible. Again, the exact strategy depends on the specific facts of the case. If a witness for the prosecution is making untrue claims against a defendant, it is critical to show the motivation of that witness to do this. Since every witness in the Thai courts has to be of sounds mind without any mental illness, the court assumes the witness to be telling the truth. This can be challenging, since it is not always easy to know why a witness is coming out against a defendant. Sometimes, it is simply the job of the witness to do so, such as in the case of a bank officer who did not directly witness the alleged crime. Thailand Bail also has experience dealing with attempted murder cases involving spouses, girlfriends, boyfriends, and others being on opposite sides of a criminal case in Thailand. In these cases, it is critical to show the true motivation for the report to the police, as well as the possible benefit of the police to press a charge of attempted murder when there is insufficient evidence to support such a charge. 

Each Case Is Unique

Finally, it is very important to note that each criminal case in Thailand is unique and should be examined individually. Lawyers in Thailand who do not approach each case as unique are destined to lose. This is why the lawyers at Thailand Bail take time to examine all the facts of each case and apply our expertise accordingly. If you have a criminal case in Bangkok, Pattaya, Phuket, Chiang Mai, Hua HIn, Udon Thani, Koh Samui, Rayong, or elsewhere in Thailand, please contact Thailand Bail to discuss.