The Defendant’s Right of Access to the File in Criminal Proceedings
Date Issued
2007
Date
2007
Author(s)
Chang, Chih-Ping
DOI
zh-TW
Abstract
It is very important to the defendant that he has the right to access the file in criminal proceedings. But, because the domestic law is too simple, we still need to further discuss about the content of this right：subject, scope, limitation and how to appeal. This thesis tries to talk about the handle mode of access to the file from the practices in the European Convention of Human Rights and the German norms, and hopes to be beneficial to legislators and judicial practices in our country.
The first part of this paper is the profile of the domestic theories and practices and put the questions forward. Second, it introduces the European Convention of Human Rights and the practices of the European Court of Human Rights (the Court); moreover, it classifies the cases and sets up the handle mode of the Court. Third, it also introduces norms and practices in Germany, and observes the interaction between the Court and German practices. It sets up the handle mode of German law by connecting with case law of the Court. Then, it draws a conclusion to two handle modes, answers domestic questions and tries to build a domestic handle mode (new mode). It also discusses conflicts between new mode and domestic practices. Finally, it summaries two handle modes and the interaction between them, and proposes the suggestion about the defendant’s right of access to the file. After all, we don’t know what will be happened, but what we can do is to utilize existing information and make a best decision. The information is so important, this right is too.
This thesis has been added new Article 33 of criminal procedure law (2007.07.04) and Judicial Yuan Interpretation No. 627 (2007.06.15).
Subjects
閱卷
聽審權
公平程序
武器平等
歐洲人權公約第6條第3項第b款與第5條第4項
受拘禁人的閱卷權
無辯護人之被告
access to the file
the right to be heard
fair trial
equality of arms
information right
EConHR Art.6-3-b
EConHR Art.5-4
StPO§147
a detained person’s right of access to the file
a person who is not represented by a defender/lawyer
SDGs
Type
thesis
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