The Application and Innovation of Criminal Retrial Procedure– Center in ICCPR Article 14–

• Main Authors: CHIU, PO-CHUN, 邱柏峻
• Other Authors: Dr. TSENG, SHU-YU
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/22341869848844998875

碩士 === 國立臺北大學 === 法律學系一般生組 === 103 === In 2002, a police was killed in the KTV which located in Fongyuan, Taichung. Cheng Hsin-Che, who was sued of killing the police and was sentenced to death penalty after numerous trial by the courts, then, was rendered soon. Due to lots of defects which exist in the stage of investigation and judiciary proceedings, may lead the courts conduct the facts incorrectly. However Cheng couldn’t get redressed through the criminal retrial procedure. This article tried to find the defects of the criminal retrial procedure by recognizing every verdict of judgment proceedings and applying for retrial. In 2009, Taiwan signed International Covenant on Civil and Political Rights (ICCPR), which provide lots of protection for the rights of criminal defendant. Therefore, this article, which center in ICCPR Article 14, discuss the criminal retrial procedure from two different side of application and legislation. Furthermore, take the above case for example and refernce the other legislation of law, including Norweign, British, Germany and Japan, offer more ingredients for the innovation of criminal retrial procedure. According to ICCPR was already ruled into the national legislation, this article discuss its legal effect first, and then find out what kind of obligations ICCPR bring to the courts. Next, take a look to how the courts applicated ICCPR now and figure out the defects which was really existed . Finally this article try to offer a little propose of application of criminal retrial procedure in brief. On the other side, before discussing the innovation of legislation of criminal retrial procedure, this article should figure out the balance of basic value of cirminal procedure law. On this foundation, this article offers some suggestions to revise the rule of criminal retrial procedure, including jurisdiction of courts, disqualification of the judge, oral and hearing proceedings, the obligation of survey evidence, the burden of proof, the rights of assisting by the counsel. Hope through the above research in this article, the criminal retrial procedure could become more complete, make every defandent who was sentenced incorrectly could get real and effective remedy.