The Investigation Principles of the Criminal Court
| Autor: | Sin Ruei Li, 李欣芮 |
|---|---|
| Rok vydání: | 2014 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 102 Implement the presumption of innocence,the prosecutor should be the fact that the defendant bear the burden of proof of crime, the evidence the court investigation is led by the parties to the court only needs to be clarified in the truth,or is to safeguard the vital interests of fairness and justice and the defendant only when the launch Terms of investigation of evidence. In addition to judges and prosecutors to clarify the distinction between the powers and responsibilities, highlighting the concept of a fair court,but also help to find the truth. Since the consummation of Second Criminal Chamber of the Supreme Court in 2012 was done to explain Article 163 of Criminal ProcedureCode,modified adversary system for the criminal litigation system has become the most important principle of the Criminal Procedure. According to the present practice of trial,protecting the defendants’rights on purpose,the court may need surving evidence by inquisitorial investigation,the shortcoming is too partial toward protecting the defendants’right, may count against justice. Terms of survey evidence, the prosecutor should be the fact that the burden of proof of crime, the court investigation is led by the parties to the court only needs to be clarified in the truth,or is to safeguard the vital interests of fairness and justice and the defendant only when the launch Terms of investigation of evidence. The best way to solve the difficulty is talking the adversary system into consideration,Article163 of Criminal Procedure Code should be amended: 「If the evidence has probably been investigated,it's necessary for the court to focus on truth-finding, the court should give explicit instructions to the parties,they certainly ask for surving evidence.」 |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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