A Study on the Strategic Interaction Between the Prosecutor and Counsel in the Criminal Procedure：A Game Theoretic Approach

• Main Authors: Cheng-Yin Hsu 徐承蔭, 徐承蔭
• Other Authors: 邱明斌
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/07517902369629731448

碩士 === 國立中興大學 === 國家政策與公共事務研究所 === 97 === Abstract Criminal procedures are an “living system” rather than a static set of system. They have been designed to be based on the adversary system (Parteiprozeß), under which “prosecution by prosecutors” and “defense by counsel for the defendant” are placed in parallel and against each other. In this paper, the present prosecutor system and counsel system were investigated first. In a criminal proceeding, stages that involve a higher level of interaction between prosecutors and counsel, including investigation and preparation procedures (evidence admissibility, application for evidence investigation) and judiciary procedures (cross-examination, lodging objection, and oral argument) were further studied. Data were collected through in-depth interviews. In addition to the practical “interactions between prosecutors and counsel”, the “concerns, contemplations” and actions of “making the invisible visible” of both parties were also explored and described in text. The view of the game theory, which emphasizes strategic interactions and has been extensively applied in political and economic areas, was adopted to analyze, explain, and interpret the research data. This was intended to derive findings significantly different from conventional views and ideas about criminal procedures and therefore consolidate the theoretic foundation of the adversary system in the criminal justice system and expand the breadth of ideas about this system. Through analysis, explanation, and interpretation of the data collected from interviews and the view of the game theory, it was concluded that multiple interactions and strategies exist between prosecutors and counsel. The meaning and value of the strategic interactions between prosecutors and counsel in criminal procedures were deeply contemplated. Finally, findings, suggestions, and directions for future studies were proposed as a reference for both the academic and the practical areas. It was expected that this study could be contributive to the improvement of the domestic criminal procedure system.