Evaluation on the "New Evidence" of the Criminal Retrial Procedure

• Main Authors: Wan-ChingChen, 陳婉菁
• Other Authors: Yun-Tsai Chen
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/y2k2d2

碩士 === 國立成功大學 === 法律學系 === 105 === SUMMARY Criminal Retrial Procedure is one of the criminal extraordinary legal remedies. Since 1935, the Supreme Court limited the scope of application inappropriately and made it difficult to reopen a new trial. According to the statistical data of Judicial Yuan, the rate of rejection of Retrial was up to 99%, which means that it was almostly impossible to abtain a chance to Retrial. Fortunately, in 2015, the Criminal Procedure was amended, and some delicate problems were solved. However, there are still lots of issues remained to be discussed, such as the methods of evaluating, the explanation of novelty. In order to solve the problems, we should figure out the way to merge the constitutional principles of the Criminal Procedure harmoniously. Besides, in order to open door to a new trial more widely, the discussion from Japan and Germany will also be considered. In addition, by analyzing the Supreme Court and the High Court cases, the changing of the rejection rate of Retrial can be discovered. On the other hand, we could also expecting finding the clues of how the court evaluating the new evidences. Key Words : Criminal Retrial Procedure, New Evidence, in dubio pro reo, Definite Evidence, Miscarriage of justice.