Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1208

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1108

When the prosecutor or his attorney and the accused appear before the court and the court believes that the accused is real, it shall read and explain the charge to the accused and ask if he has actually committed the offence and how he would reply in defence. The replies of the accused shall be docketed. If the accused refuses to reply, the court shall docket this and proceed with the trial.

Section173.In a serious case of which the maximum rate of imprisonment is ten years or more, or in a case in which the accused is a child according to section 56, 57, or 58 of the Penal Code, the court shall, before starting the trial, ask the accused if he has an attorney. If he has none and needs one, the court shall appoint one for him.

Section174.Before introducing his evidence, the prosecutor has the power to make an opening statement in order that the court would understand the case for the prosecution, that is to say, he shall state the nature of the charge as well as the evidence to be adduced for proving the guilt of the accused. Upon finish thereof, the prosecutor shall introduce his evidence.

Once the prosecution evidence has been taken, the accused has the power to make an opening statement in order that the court would understand the case for the defence, that is to say, he shall state the facts or laws he intends to cite and to produce the evidence he is to adduce. Upon finish thereof, the accused shall introduce his evidence.