Authority of Public Prosecutor to Examine Commissioned Witnesses in Another Jurisdiction
In a homicide case before the Chonburi Provincial Court, the prosecution was originally conducted by Mr. Sawaeng, a public prosecutor attached to that court. Two key witnesses resided in Chiang Mai. The court issued a commission for their examination at the Chiang Mai Provincial Court, and the prosecutor intended to follow and conduct the examination personally.
However, on the scheduled date, Mr. Sawaeng was unable to attend due to illness. Mr. Sawing, an assistant public prosecutor from Chonburi, appeared and conducted the examination instead. Meanwhile, a public prosecutor from Chiang Mai also entered an appearance, asserting that he was authorized to examine the witnesses on behalf of Mr. Sawaeng.
Legal Issue:
Whether the Chiang Mai public prosecutor had lawful authority to examine the commissioned witnesses.
Holding:
The claim of authority by the Chiang Mai public prosecutor was unlawful.
Reasoning:
Pursuant to Section 12 (3) of the Act on Organization of Courts of Justice (as amended by Act No. 3, B.E. 2502), the public prosecutor who has conducted the case from the outset retains authority to continue proceedings, including the examination of witnesses under commission in another jurisdiction. Such authority does not automatically transfer to a local prosecutor unless expressly authorized by law