Prosecutor’s Use of Defendant as Plaintiff’s Witness


1d. Item 1 and Mr. Daeng are the 2nd defendant. Subsequently, on the date of examination of the plaintiff’s witnesses, the court granted permission and issued an order dismissing the case solely against Defendant 2. Mr. Daeng, the 2nd defendant, withdrew his defense, and the Office of the Public Prosecutor was permitted to designate Mr. Daeng as an additional witness for the plaintiff. This was based on the following: the Office of the Public Prosecutor could present Mr. Daeng as a witness in the case in accordance with the law, and the court would receive his testimony or accept his answer in criminal cases under the Criminal Procedure Code, which prohibits the plaintiff from invoking the defendant as a witness when Mr. Daeng is not in base 232. The Office of the Plaintiff’s Prosecutor designated Mr. Daeng as a witness for the plaintiff and presented him in the case in accordance with the Criminal Procedure Code Section 1, which states that the Prosecutor may file a lawsuit against a court without prior investigation of the parties involved in the criminal case, as there is no law stipulating that witnesses for the Prosecutor must be investigated prior to being presented. Furthermore, under the Criminal Procedure Code, witnesses who may prove the guilt or innocence of the defendant may be cited, stipulating that during the proceedings, any party may request the court to examine witnesses and, according to Section 228, to do so additionally. Therefore, the court received Mr. Daeng’s testimony as evidence. The Law on Bankruptcy, the Charter of the Judiciary, the Law on the Establishment of District Courts and Criminal Procedure, and the Law on the Office of the Public Prosecutor.
Bankruptcy Law, all directors are not limited in liability.