Description

Normally, witnesses who come to testify at court Considered to be helping the court find the truth in the case. Therefore, asking witnesses of lawyers or litigants in the case Therefore, the witness must be respected. Find out which question is a question that defames the witness. causing the witness to be ashamed and discredited This is a question that must not be asked of a witness.

Examples of questions that defame a witness include:

• Does the witness have many husbands?
• Witness has AIDS. Is it a venereal disease?
• Has the witness ever been convicted of child pornography?

However, this is prohibited. It is not an absolute prohibition. Even though the said question is a question that defames the witness. If it is an important issue in the case And it is necessary to ask The court allowed the question to be asked.

Examples where it is necessary to do so: Ask to show that the witness is a liar. unreliable Behaving in a bad way to point out that the witness is unreliable etc.

3.Do not use questions that will make witnesses /The other party/third party receives criminal punishment.

Legal matters

Description

As already said Witnesses who come to testify at court are considered persons who come to provide assistance in bringing about justice. Therefore, such persons must be protected. Asking a witness questions that could expose the witness to criminal punishment is therefore prohibited.

In addition, some questions may cause the other party or third party to face criminal penalties. It is also a forbidden question. Such prohibition is prohibited only in civil cases.

Moreover, this prohibition is not an absolute prohibition. Find such questions to be important questions that will decide disputes in civil cases. The court allows lawyers to ask questions.

But in the criminal case, only questions that would cause the witness to be prosecuted are prohibited. That is a forbidden question. As for questions that may cause another person to receive a criminal penalty, you can still ask the witness. According to the Criminal Procedure Code, Section 234, it is also a strictly prohibited question.

Examples of questions that may expose the witness or other person to criminal penalties. For example,

• Ask: Is it the witness who gave the gun to the defendant?
• Asking whether the witness wrote the defamatory message or not.
• Ask: Do you know that Mr. A. was the one who shot the deceased?
• Ask: Did you know that the plaintiff in this case joined with the defendant in committing the crime?

4.Do not use leading questions in questioning or cross-examining your own witnesses.

Legal

Civil Procedure Code, Section 118

In which Litigants The party claiming the witness It is good to question witnesses or To question witnesses is good. It is forbidden. The litigant that party uses Leading question unless Parties The other party consents or receives permission from the court.

การถามพยาน ตอนที่ 1 ” ซักถามพยาน ” – รวม 13 เคล็ดลับที่ทนายความต้องรู้ก่อนขึ้นถามพยานในชั้นศาล

The leading question is: Questions that suggest the answer is known within yourself. For example,

• The event date is January 1, 2022, right?
• Were the lights very bright on the day of the incident?
• On the day of the incident, did any witnesses see the defendant?
• Is the defendant wearing a yellow shirt?
• etc.

5. Do not ask questions that are not related to the matter answered in the cross-question.

Principles of Law

Civil Procedure Code, Section 118

In which Litigants The party claiming the witness Will question witnesses Prohibited The litigant that party uses any other questions besides questions regarding testimony, testifies in answer to cross-examination /blockquote>

Description

Asking questions It has only one purpose. That is, to allow the witness to explain the matter that he has answered the opposing question.

So in asking. Lawyers or litigants are therefore entitled to use only one type of question. It is a question for the witness to explain the matter that he has answered the opposing question.

Lawyers or litigants do not have the right to ask witnesses questions that raise new factual issues. Have the witness tell a new story that is not relevant to the answer to the cross-examination.

Because if allowed to do so would be equivalent to allowing the witness to testify again, which puts the opposing party at a disadvantage by not having the opportunity to cross-examine again.

“ถามติง101” ข้อกฎหมายและเทคนิคทางปฏิบัติในการถามติง เบสิคพื้นฐานที่ทนายความต้องรู้

For example

If the opposing side cross-examines our witness about the lights. Our witness answered the cross-examination. We can also ask about the lights.

If the opponent has not asked about the lights in the scene at all. We cannot ask the witness to give more clarity. Because doing so would be equivalent to having the witness testify to new facts. It is not a cross-examination to correct the points of the cross-examination.

---

If the opponent uses prohibited questions on the witness. What must we do?

Using these questions is illegal. Often puts our side at a great disadvantage.

For example, if the opposing party uses leading questions with their own witnesses. It would put us at a disadvantage because it would be like introducing the answer to their own witnesses.

or opponent Use cross-examination questions that are not related to what the witness testified in response to cross-examination. This puts us at a disadvantage because, like testifying again, we do not have the opportunity to cross-examine again.

If some judges are strict in the proceedings, they will often control the consideration or prohibit the use of various illegal questions.

If you encounter a judge who is not very strict, they will usually let you ask and record the questions as usual.

The duty of a lawyer when the opponent uses prohibited questions

Many new lawyers. I still don’t quite know my duties because it’s something that isn’t taught much in textbooks. Therefore, I do not object when the opposing side uses illegal questions.

Some lawyers have finished examining their own side of the evidence. The opposing side rose to oppose it. If you ask, he doesn’t care about anything and considers it to be his duty to use the question. No matter how he asks, he just lets it go without arguing or objecting. Let it go haphazardly. This is the wrong way.

In fact, while our witness is answering the opponent’s question, Or while the opposite party is examining their own witnesses. We must always keep an eye on whether our opponents are using illegal questions.

If the opponent uses a question that is unlawful and puts us at a disadvantage. or cause our witnesses to be damaged We must argue against using that question.

---

The techniques for arguing and opposing are as follows.

1.Always keep an eye on the opposing side questioning our witnesses

2.If the opponent uses an illegal question. On the important issues of the case, one must rise up and object immediately.

3.If you wish to object, you must object as soon as possible before the witness has heard all the questions or before you have tried to answer them.

4.Objection Do not directly argue with the opposing attorney. But you must stand up and object by speaking to the court.

5.An objection must give clear reasons, such as a leading question, a question that is not related to the issue of the case. It is a question that is not related to the cross-examination.

6.Don’t object often. In matters of minor or trivial details that do not cause disadvantage, it is okay to let it go.

7. If you object and the court still allows the use of an unlawful question, you must ask the court to record our argument. or submit a request to cancel proceedings that are illegal and are included in the document.

---

If there is a need to use prohibited questions, what should I do?

Forbidden Questions Some things are strictly prohibited, such as:
1.Do not ask witnesses questions that are not related to the issues of the case. According to the Civil Procedure Code, Section 118

2. Do not ask questions that will expose the witness to criminal punishment in a criminal case. According to the Criminal Procedure Code, Section 234

But some forbidden questions are strictly forbidden questions. For example,

1.Using leading questions in asking your own witnesses

2.Using questions that defame witnesses

3.Using questions that may expose witnesses or third parties to criminal penalties in civil cases

If we have a need to ask witnesses these questions, what do we have to do? I will introduce some practical techniques.

1. Requesting permission to use leading questions

Generally, leading questions are prohibited only by witnesses on our side. Questioning opposing witnesses is not prohibited in leading questions at all.

For requesting permission from the court to ask questions. Start by trying questions that are not lead questions first.

If you try to use questions that are not leading questions and the witness does not understand the question, then please ask the court for permission to ask leading questions.

Requesting permission from the court to ask questions Should I explain or ask that Sir please allow me to ask a leading question because the witness does not understand the question and it is a minor issue?

A common, if not important, issue. Professional opposing lawyers often do not object. and make the case progress quickly.

Do not use leading questions without asking permission. Or without trying to use normal questions first.

In addition to showing that we don’t know how to ask witnesses. It is also disrespectful to both the court and the opposing party. and cause it to become a bad habit

So in the matter of requesting permission from the court, We should try asking normal questions first. If the witness does not understand the question Or are you really missing the point? We then ask for permission from the court to ask questions.

2.Using questions that may expose the witness to criminal punishment or defame the witness

For requesting court permission to ask defamatory questions about witnesses. or questions that may expose the witness to criminal punishment.

Usually a question like this. We usually ask opposing witnesses to speak for the purpose of undermining their weight. and do not want the witness to know.

So using questions like this, if asking for permission first, might make the witness aware. Testifying answers can be avoided.
So in my style of using questions like this, I will use the method of asking.

And if the court, the opposite party, or the witness does not object. And answering the question well, the court records the answer, which is considered as giving permission by implication.

But if there is an objection, whether from the court from the witness or from the opposing lawyer We must always be prepared that we will have to explain to the court that.

1. What is the purpose of the question?
2. How much evidence or information is there to support the question?
3. How does the question relate to the important issues in the case?

If we can explain things like this, most of the time the court will allow us to ask and will order us to try to answer our questions.

If we know the prohibitions on questioning witnesses and how to request permission from the court. When it is necessary to ask various forbidden questions, it will be of great benefit to us. Which lawyers representing in court must know this very well.

---

 

Express your opinion about this article

comments