The Problem of Admissibility in The Electronic Recording of The Confession During The Arrest

Abstract

Confessions at the time of criminal arrests are high probative value evidence. According to Section 84 of the 2004 update of the Criminal Procedure Code of Thailand, BE 2477 (1934), (The Code) a confession during the arrest procedure, whether voluntary or not, must not be counted as evidence in any case. It is defined as an absolute exclusionary rule in a criminal case. Therefore, the punishment will not be inflicted on the offender as there is not enough evidence. From the study, the law of other countries defines that the confession can be heard if it is made with willingness of the speaker. Therefore, the law of Thailand does not accord with the law of other countries. The reasons are to prevent an abuse of function by officers and an abuse of offender’s rights. However, at the present time, police body cameras are used to enhance the process of judgment, and to protect both the officer and the offender. Nevertheless, the confessions recorded with voice and video are still not counted as evidence. This article is written in order to study approaches of admissibility of the confession in the arresting proceeding with voice and video recorded in other countries and in Thailand. From the study, the confession in the arresting proceeding should be admitted if it is recorded as an evidence. If the confession is revealed with willingness and the speaker is informed of their rights,and the voice and video on the record must not be edited. These findings suggest that Section 84 of The Criminal Procedure Code of Thailand should be amended.