A Study on the Right of Access to Case Files During the Process of Investigation

  • 鄧 羽婷

Student thesis: Doctoral Thesis

Abstract

The newly revised Code of Criminal Procedure has been implemented for more than three years and the deficiencies in the legal regulations and the difficulties encountered in practical operation have gradually surfaced Therefore it is necessary to conduct a comprehensive review of this system This article advocates the right of access to case files during the process of investigation The time point and scope of exercising could be partly expanded in the views of defendant’s own statement transcripts expert examination reports and favorable evidence In order to exercise decedent’s procedural rights effectively all the evidence provided shall empower the defendant and defender with a chance to access to case files during the process of investigation In addition with the emergence of Interpretation No 762 although only the right to know the file information of the defendant during the trial is discussed it can also make people think about whether the defendant under investigation may also have the right to know the file information in the future This article argues "the defendant can obtain the evidence information directly in person without others’ roundabout assistance regardless whether he has a defender or not and the defender’s review of the file certificate can in fact not completely replace the defendant's right to access evidence information" Thus legal principles disclosed in the Interpretation should also be applied during the investigation stage and the protection for the defendant's human rights should not be differentiated whether he is under investigation or during a trial
Date of Award2020
Original languageEnglish
SupervisorYun-Tsai Chen (Supervisor)

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