| 英文摘要 |
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. |
