減輕刑事司法負擔之一策──日本略式程序對於我國簡易程序之借鑑

A Measure to Reduce the Burden of Criminal Justice: The Reference of Summary Procedure in Japan to Taiwan’s Summary Procedure

從一九二八年現行刑事訴訟法制定以來，簡易程序即為我國重要的程序之一，扮演讓簡單案件儘早從訴訟程序中脫離的重要功能，以減輕刑事司法負擔、讓有限的司法資源可以集中於重大複雜案件。隨著刑事案件數量逐年增加，簡易程序也不斷修法擴大其適用範圍，但由於簡易程序自始欠缺讓被告認知並選擇程序之制度性保障，也因此引發許多侵害被告權益、甚至是違憲的批評；與此同時，相較於國外法制，簡易程序顯然也並未充分發揮減輕刑事司法負擔的功能。本文自介紹日本略式程序開始，兼及相關合憲性爭議，嘗試重新建構我國的簡易程序，使之得以充分保障被告權益、符合憲法要求，同時也探討促使程序參與者願意利用簡易程序之制度設計，期能在國民法官法即將上路，刑事司法負擔料將更為沉重之際，提供一可行的立法建議。

Since 1928, the year the current Act of Criminal Procedure was administered, summary procedure has been a vital procedure that serves as a driving force of speedy trial until today, with the expectation of reducing the burden of criminal justice, saving limited judicial resources for felonies or complicated cases. With the number of criminal cases increasing over the years, the range of summary procedure has been expanded concomitantly. Still, the deficiency of procedural safeguards for the defendant also provokes harsh criticisms, such as invading the defendant’s rights and even violating the constitution. Meanwhile, compared to the judicial system in other countries, the current summary procedure has not played a role in reducing the burden of criminal justice as expected. This article begins with the introduction of summary procedure in Japan, and the controversy of constitutional issues, based on preceding discussions, trying to restructure summary procedure that protects the rights of the defendant and complies with the requests of the constitution. In the meantime, this article also seeks to design a new summary procedure that may facilitate the relatives of criminal procedure eager to use that procedure. With the Act of Citizen Judges coming into effect, which will increase the burden of criminal justice, this article aims to provide several legislative suggestions to solve those coming problems.