Improper Order Regarding Evidence Presentation and Defendant’s Absence
Order 7. The defendant bears the responsibility to initiate the presentation of evidence first. On the date set for the examination of the defendant’s witnesses, the defendant contends that the court has ordered the defendant’s absence from the hearing. The court, upon considering the request of the plaintiff, ruled that the defendant loses the case. The defendant appeals, arguing that the defendant was not absent from the hearing, and that the evidence presented was not accurate. In fact, the plaintiff had the responsibility to initiate the presentation of evidence first. The Court of Appeal finds that the initial order issued by the lower court, ordering the defendant to initiate the presentation of evidence first, is improper. Consequently, the defendant’s absence from the hearing and the consideration of the case anew are as follows: the judgment of the Court of Appeal is valid or invalid. Although civil cases generally operate under the principle of agreement by parties, parties typically have the right to determine the terms, the court must proceed according to the terms determined by the parties. However, in this case, the court itself ordered the responsibility for initiating evidence, and since the court ordered the defendant to initiate the presentation of evidence, which was deemed invalid, and the defendant was absent from the hearing due to the responsibility to initiate the presentation of evidence first, this was deemed improper. For the sake of justice, it is appropriate to consider the case anew. Therefore, the Court of Appeal’s judgment is correct (referring to precedent case 521/2493). The victim of a robbery brought the matter to the attention of Police Sergeant Daeng at the police station.