The Defendant’s Right of Access to the File in Criminal Proceedings

• Main Authors: Chih-Ping Chang, 張之萍
• Other Authors: 林鈺雄
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/64386071711271019803

碩士 === 國立臺灣大學 === 法律學研究所 === 95 === 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).