| Summary: | 碩士 === 東吳大學 === 法律學系 === 101 === This thesis is based on substantive concept of Nulla Poena Sine Lege to explore the Protection of Criminal Procedure, which having an extremely wide range of important functions: no self-incrimination, the exclusionary rule, claims survey evidence against cross-examination right to direct trial evidence referee check discrete trial, presumption of innocence, fair trial courts and related relief system, the procedural protects for the defendant to have a significant impact on nature.
This thesis takes the summary procedure and legal change procedures for the Criminal Prosecution Act of analysis and comparison with induction, clarify the existing legal norms on the proceedings with the relevant elements of procedural protection issues then put forward the view of this thesis.
The summary procedure in order to reduce the burden on the court, but the defendant may request the constitution of openness and fairness of the fundamental right of action is tantamount to deprivation, no participation by the exercise of their procedural rights and the right to defense, at the expense of litigation rights of the accused as consideration, in fact, violate the Constitution litigation rights protection.
This paper argues that: for minor cases, you should make the best judgment for simplified trial procedures to achieve economic action to alleviate the burden of the purpose of the court to reduce the defendant's fundamental right of action against.
Code of Criminal Procedure Article 300 stipulates that the court "was on the prosecution of the criminal facts" accusation change, the court essentially retains strong powers doctrine color, you must change the method of procedure to inform practice, the accused have the right to fully exercise their defense.
The advice: remove Code of Criminal Procedure Article 300, the court doesn’t have right for accusation change , will change the statute gives prosecutors the authority to change, establishes a principle of criminal impeachment proceedings, the trial principle of the separation seized by prosecutors negative real burden of proof, the fair court real erect in the fair status, in will give dual attention to the defendant lawsuit right in the foundation, will guarantee the judicial justice, the fairness realization.
Procedural law in criminal cases in the investigation, trial, and execution of specific guidance norms for suspects in criminal cases and the defendant's interest to shut materially affect, in particular, its legislation must conform to the necessity of appropriateness and reasonableness, even if based on legislation policy considerations and the special provisions, these proceedings should be subject to the legislation limits the basic rights of action for protection of constitutional norms, to give the defendant adequate substantive due process protection. For the case of the judiciary in addition to the legal procedures that should really practice, but should be in the proceedings, view case for the necessity of procedural law norms, legitimacy, procedural rights in order to achieve procedure right protection and justice positive feature.
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