論國民參審案件第二審上訴之審查

The Review of Appeals to Second Instance Courts over Cases Decided by Citizen Judge Courts

為落實國民法官法庭第一審的審理為事實審的重心，且維繫人民對於國民參與刑事審判制度的信賴，對於國民參審案件之上訴，第二審法院應立足於事後審查的立場，審查原判決有無訴訟程序違背法令，或因違反經驗法則或論理法則致生事實認定錯誤，或量刑顯然不當等情事。而針對當事人得上訴之理由、得否聲請調查新證據之議題處理，應留意不得不當干預當事人之上訴權益；至於，有關第二審法院得職權調查證據的範圍，則宜貫徹當事人進行及審慎行使撤銷原判決等事後審查的立場。

To ensure the tribunal with Citizen Judges focuses on fact-finding during the trial and maintains the public’s trust in the system of citizen participation in criminal trials, the second-instance court, in appellate procedures involving Citizen Judges, should adopt a post facto perspective. This perspective aims to review whether the original judgment violated legal procedures, resulted in errors in fact-finding due to the violation of rules of experience or logic, or imposed obviously improper sentencing. When addressing issues related to litigants’ appeal reasons and their ability to request an investigation of new evidence, care should be taken not to unduly interfere with the litigant’s right to appeal. Regarding the second-instance court’s discretion to investigate evidence, it should align with the principles of post-facto review, allowing parties to present and exercise their right to challenge the original judgment while cautiously revoking the original judgment.