The Study of Witness Protection Act Article 14 and other Similar Provisions in Taiwan

• Main Authors: Chen Wei-Ming, 陳威銘
• Other Authors: 黃朝義
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/25609457487890554315

碩士 === 東吳大學 === 法律學系 === 101 === In the case of joint crimes, if an accomplice witness refuses to testify or provide other information on the basis of privilege against self-incrimination, the prosecutor might not be able to obtain the necessary testimony to prosecute other principal offenders or accomplices. It will become an obstacle for investigating joint crimes. In order to compel the witness to testify or provide other information, the court could issue a immunity order to an accomplice witness, then compelling the accomplice witness to testify or provide other information as evidence to prove other accomplices’ guilty. According to Witness Protection Act Article 14 and other similar provisions in Taiwan, a defendant or suspect who helps prosecutor to prosecute other principal offenders or accomplices by providing material testimony or evidence, his or her sentence shall be reduced or exempted, or the prosecutor may assent to drop the charges against a defendant or accused. However, could we say the Witness Protection Act Article 14 and other similar provisions in Taiwan are just like witness immunity in the United States? The majority opinion is negative. The significant difference between Taiwan and United States is the witness has been granted immunity from the prosecution or not. In the criminal procedure of the United States, immunity means a witness who is granted immunity from any conviction, penalty or forfeiture (transactional immunity) ; or a witness whose testimony or other information (or any information directly or indirectly derived from such testimony or other information) can not be used against the witness in any criminal case (use and derivative use immunity) . But in Taiwan, a person who provides material testimony or evidence to help prosecuting other principal offenders or accomplices, he or she still may be found guilty. By analyzing research and the Supreme Court's cases in Taiwan, this study has found out some problems with Witness Protection Act Article 14 and other similar provisions in Taiwan (Chapter 2&3). And this study has also made suggestions to solve those problems (Chapter 4). Besides, this study would like to remind prosecutor that investigating and prosecuting criminals is very important, but the rights of the defendant should not be ignored. Prosecutors and judges should try their best to achieve a balance between prosecuting criminals and protecting the defendants’ rights.