The Right of Criminal Defendants to Receivethe Free Assistance of an Interpreter – Focusing onEuropean Law

• Main Authors: Yun-Ruey Lu, 呂昀叡
• Other Authors: 林鈺雄
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/14423067030000013224

碩士 === 國立臺灣大學 === 法律學研究所 === 99 === 　　Criminal procedure is based on communication, and the goal is to discover the truth and protect the human rights. But if a criminal defendant can not understand or speak the language used in court, he/she will have difficulty in communication and could not exercise his/her other procedural rights, so he/she should accept the assistance of an interpreter for free, so as to build the language bridge between he/she and the court, and this will enable him/her to have knowledge of the case against him/her and to defend himself/herself, notably by being able to put before the court his/her version of the events. 　　Many international conventions guarantee the right to receive the free assistance of an interpreter. But interpreter are deemed a pure procedural tool in our country- not belong to an procedural rights of a criminal defendant. Therefore, we should rebuild the ideal protection system of the right to receive the free assistance of an interpreter. 　　This thesis will refer to the european law, and consider the assistance of an interpreter is a right of the criminal defendant. The detail character of the guarantee and the construction of the relevant selecting or training rules will be discussed in the following text. I believe that in order to guarantee the right to receive the free assistance of an interpreter, we should discuss not only the character of the right but also the relevant selecting or training rules, then we could rebuild our protection system of the right to receive the free assistance of an interpreter and the goal of the criminal procedure will be fulfil.