A Study on the Video-Recording of Witness Questioning during the Period of Investigation

  • 黃 ?茹

Student thesis: Doctoral Thesis

Abstract

In the current practice the video-recording of witnesses questioning in the investigation stage were claimed by the defendant or his defender in many trial cases However Taiwan’s previous judgment clearly stated that the current legal system did not expressly regulate the video-recording of witnesses questioning during the period of investigation which was a legislative omission In addition the legislators have repeatedly proposed an amendment to the Code of Criminal Procedure Despite of these the draft amendments proposed are intended to apply mutatis mutandis to the use of video- recording that are currently questioned by the defendant during the investigation phase But the status of witnesses and defendants in criminal proceedings is different and the legal effects stated in the investigation are also different Even in recent years witness rights protection has become more and more concerned The above situation is sufficient to provide this study to clarify the legal ground and then to review the pros and cons of the draft amendment thereby further shaping and constructing a judicial system that is in line with judicial fairness and human rights protection
Date of Award2019
Original languageEnglish
SupervisorYun-Tsai Chen (Supervisor)

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