Admissibility of Hearsay Evidence in the Inquisitorial Criminal Justice System

Abstract

Criminal procedure in Thailand comprises a double system: accusatorial and inquisitorial. The accusatorial system applies in general proceedings, while the inquisitorial system applies in special proceedings for certain cases. However, the inquisitorial procedure laws provide ad hoc, rather than all-embracing, rules not as a whole. Lacunae are caused by the criminal procedure code, an accusatorial system containing a provision against hearsay evidence which is inconsistent with the inquisitorial approach. This causes problems in applying such provisions. An international comparative legal study was made of concepts and principles of hearsay evidence as well as inquisitorial doctrine and practices in countries using the inquisitorial system. Results were that the rule against hearsay evidence was inherent in the accusatorial system. The inquisitorial system had different concepts of admissibility. These findings suggest that provisions against hearsay evidence should not apply in inquisitorial criminal justice systems.