Rule 39. If the Court deems necessary in the interest of justice for additional evidence relating to any issue in a case, including documents or materials possessed or under the care of a party, the Court shall, without the request of any party, continue with the taking of evidence, which may include calling any witness already adduced to testify again.

Rule 40. In the proceedings for deferment of a charge, obtaining a warrant of detention, the preliminary examination in which the accused makes an appearance or at the trial itself, the Court shall provide an interpreter or a sign language interpreter for the suspect or accused who cannot speak or understand Thai language, or who cannot speak, hear or communicate, as the case may be. The interpreter appointed by the Court shall be entitled to remuneration in accordance with the Ministerial Regulation of Remuneration for Interpreter and sign language Interpreter provided by the Court under the Criminal Procedure Code.

Rule 41. The suspect or accused shall be entitled to provisional release, unless there is a necessity to remand him in custody or detain him.

Application of Provisions in Title I to Criminal Cases

Rule 42. Unless otherwise provided in this Title, the provisions for civil cases in Title I on method of communication between courts under Rule 5, provisional measures of protection prior to instituting an action under Rules 12 to 19, application for taking of evidence in advance under Rules 20 to 22, documents done in foreign language under Rule 23, in camera proceeding and prohibition of publication under Rule 24, memoranda of testimony of witnesses under Rules 25 and 26, refreshing memory of a witness under Rule 28, hearing of witness by means of videoconference under Rule 32, admission of computer record under Rules 33 to 36, admission of hearsay evidence under Rule 37, considering and weighing of evidence under Rule 38 and additional taking of evidence under Rule 39 shall apply to criminal cases mutatis mutandis.

Rule 43. During the period when the regional intellectual property and international trade court has not been established in any locality, when the inquiry official or the public plaintiff files an application for search warrant, deferment of a charge or warrant of detention with a provincial court under section 47 supplemented by section 26 of the Act for the Establishment of and Procedure for Intellectual Property and International trade Court B.E. 2539, the provincial court shall proceed with the matter and issue an order in accordance with the Criminal Procedure Code, the Act for the Establishment of and Criminal Procedure Code, the Act for the Establishment of and Criminal Procedure for Kwaeng Court B.E. 2499, or the Act for the Establishment of and Criminal Procedure for Kwaeng Court B.E. 2499 as applied by virtue of the Act for the Application of Criminal Procedure for Kwaeng Court in Provincial Court B.E. 2520, as the case may be.

Rule 44. During the period when the regional intellectual property and international trade court has not been established in any locality, when a plaintiff enters a charge with a provincial court under section 47 of the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court B.E. 2539, the plaintiff shall also provide the provincial court with a copy of the charge. If the charge conforms to the requirements of the law, the provincial court shall act as follows:

1. In the case where a private person is the plaintiff, the provincial court shall dispatch the original charge to the Central Intellectual Property and International Trade Court without delay, in order for the Chief Justice of the Central Intellectual Property and International Trade Court to determine the date and time on which, and the court in which, the preliminary examination will be conducted. The Central Intellectual Property and International Trade Court shall, without delay, notify the provincial court to inform the plaintiff of the date and time on which, and the court in which the preliminary examination will be conducted, and order the plaintiff to serve the writ of summons and a copy of the charge on the accused. If the public plaintiff has also instituted a criminal prosecution with the same charge, (2) shall apply.

In the case entered by the public plaintiff, the provincial court shall serve on each accused a copy of the charge, read out and explain the charge to the accused, then ask whether the accused wants to make any statement in his defence, and dispatch the original charge as well as the accused's statement in defence, if any, to the Central Intellectual Property and International Trade Court without delay. The Court shall then order a preliminary examination be conducted or the charge be accepted for trial. The matter shall thereafter be referred to the Chief Justice of the Central Intellectual Property and International Trade Court for his determination on the appropriate date and time on

1. which, or the court in which the preliminary examination or the trial will be conducted. The Central Intellectual Property and International Trade Court shall, without delay, notify the provincial court to inform the parties of the date, time and court for preliminary examination or trial, so that the accused can be brought before the court on that date.

In the case specified in (2), if the accused pleads guilty as charged and it is the case where the court may render judgment without taking evidence, without prejudice to the accused 's rights to obtain provisional release, the provincial court and the Central Intellectual Property and International Trade Court shall utilize to the utmost the methods of communication provided in Rule 5, so that the judgment can be rendered on the day the accused pleads guilty, or on the following working day.

Submission of List of Witnesses and Documentary Evidence

Rule 45. In the preliminary examination or trial process, the plaintiff shall file with the Court, at least seven days prior to the preliminary examination or the date on which evidence is actually taken, the list of witnesses and evidence specifying names and addresses of persons or experts to be adduced as well as the types and characteristics of the documents or materials to be adduced or places to be examined by the Court or an expert witness, as the case may be. The plaintiff shall also provide copies of such list in the number sufficient for each accused to obtain from the Court.

In case where the Court conducts an regarding a request for the return of a property being an exhibit in a case, the parties involved shall file with the Court, at least seven days prior to the inquiry date, the list of witnesses and evidence together with copies thereof in the number sufficient for all parties for all parties concerned to obtain from the Court.

Although the period provided in paragraph one or two has already elapsed, the Court may permit the plaintiff or any party involved to submit the list of witnesses and evidence or an additional list, if it deems appropriate in the interest of justice.

Rule 46. If the plaintiff intends to adduce documents in his possession as evidence in the case, the plaintiff shall submit to the Court, at least seven days prior to the preliminary examination or the date on which the evidence is actually taken, copies of such documents in the number sufficient for the accused to obtain from the Court.

In the case where the Court permits the submission of a list of witnesses and evidence or an additional list under Rule 45 paragraph three, the plaintiff or other party concerned shall submit the copies of such documentary evidence together with the list or the additional list, as the case may be. However, the Court may permit the submission of copies of the documentary evidence at a later stage under appropriate causes.

Rule 47. Witnesses or evidence not included in the list of witness and evidence in accordance with Rules 45 and 46 are inadmissible, unless the Court deems in the interest of justice necessary to admit such witnesses or evidence.

Rule 48. In case where the accused testifies for himself and such testimony or any part thereof is self-incriminating, the Court may, based on the testimony in corroboration with other evidence proffered by the plaintiff, infer guilt to the accused.

Rule 49. If a party files a motion and the Court deems appropriate in the interest of justice, the Court may permit the submission of a written witness statement of a declarant confirming facts or opinions on the issues not directly proving guilt of the accused in lieu of bringing the declarant to testify; and the provisions for civil cases in Title I on the submission of a written witness statement lieu of an oral testimony under Rules 29 to 31 shall apply mutatis mutandis.

Rule 50. A knowledgeable person or an expert whom the Court requests to give his opinion may submit a written opinion to the court without oral testifying about the opinion, unless the court otherwise orders.

The Court shall send each party a copy of such written opinion. In case where the knowledgeable person or expert has to testify about his opinion, the Court shall send each party a copy of such written opinion at least seven days prior to the testifying date.

Rule 51. An appointment of a person to receive pleadings or documents on behalf of a party under section 33 of the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court B.E. 2539 shall be made in writing in accordance with form "Sor. Por. Kor. 1" attached herewith.

Rule 52. An invitation letter to a knowledgeable person or expert whom the Court requests to give an opinion and a summons for a knowledgeable person or expert whom a party requests to give an opinion under section 31 of the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court B.E. 2539 shall be made in accordance with form "Sor. Por. Kor. 2" and "Sor. Por. Kor. 3" respectively attached herewith.

Rule 53. In filing or submitting pleadings or other documents, other than those otherwise provided in these Rules, the Court, court officers, parties or other persons

concerned shall use the forms which have the same format, size and contents as those prescribed by the Ministry of Justice, unless the Chief Justice of the Central Intellectual Property and International Trade Court otherwise provides.

An appeal filed under section 38 of the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court B.E. 2539 shall be in the Form for Appeal no. (32) and the Annexed to Form for Appeal no. [No.] (33). The answer to an appeal shall be in the Form Answer to an Appeal no. (34) and the Form Annexed to Answer to an Appeal no. (35).

Given on the 28^th day of November B.E. 2540.

Akarawit Sumawong

Senior justice of the Supreme Court

assisting as Chief Justice

of the Central Intellectual Property and International Trade Court