Taking Testimony via Electronic Media in Disciplinary Proceedings of State Officials: Lessons from Online Court Proceedings and the Principle of Procedural Fairness

Abstract

This research article explores the feasibility and scope of taking testimony via electronic media in the disciplinary proceedings of state officials. The study is framed within the principles of Due Process of Law and the right to be heard, providing a comparative analysis with online witness examination in the Courts of Justice and the Administrative Courts.

The findings reveal that although disciplinary investigations significantly impact the rights of state officials, current legal frameworks remain ambiguous regarding electronic testimony. This has resulted in a restrictive interpretation requiring physical presence before the committee. However, comparisons with judicial practices demonstrate that technology is not inherently antithetical to fairness, provided that the essence of the right to defense and the reliability of evidence are maintained.

The researcher proposes amendments to relevant regulations, such as the OCSC Regulations on Disciplinary Proceedings B.E. 2556, to establish minimum procedural safeguards. These include consent of the deponent, robust authentication, systematic recording, and the guarantee of virtual confrontation. These measures ensure that technological integration aligns with the rule of law and the core tenets of due process.