臺灣推動性侵害司法詢問員制度之現況與展望

The Present and Prospect of Forensic Interviewer in Taiwan

2017年1月1日我國司法詢問員制度隨性侵害犯罪防治法第15條之1的施行，正式在我國實施。我國司法詢問員制度肇於民間團體想改善檢警人員詢（訊）問性侵害被害兒童之方式，研究發現：在推行該制度後，檢警機關運作模式仍維持以受過訓練之所屬人員詢（訊）問為主，但對提升檢警人員詢（訊）問能力確實有助益，至非具檢警人員身分之衛生福利部列冊專業人士以輔助詢（訊）問居多。究其原因，現行衛生福利部專業人士司法詢問員培訓內容，僅適用於檢警人員之司法詢問訓練，難以產生具有能夠詢問特殊需求之性侵被害兒童的司法詢問專精者。亦因專業人士能力與檢警和司法機關需求有落差，致影響實務機關聘用意願。此外，衛生福利部列冊專業人士相關監督管理機制未建立，專業人士與檢警和司法機關的合作要件與程序亦未制度化等因素，使得執行面出現：有列冊專業人士協助詢（訊）問的案件不見得能獲得更多案件調查資訊、早期（專業）鑑定制度吸收專業人士的運用、團隊融合不易等問題，恐不利我國司法詢問員制度長期發展。為期司法詢問員制度能落實，並進而發揮保障性侵被害兒童司法權益效能，本文建議我國司法詢問員制度維持現行雙軌制，佔較高比率的一般性侵害被害兒童，基於掌握詢（訊）問時效及經濟效益的原則下，維持過去的方式，以承辦案件且受過訓練的檢警與司法人員為主要詢（訊）問者，對於少數有特殊需求之兒童被害人則交由具備司法詢問專業的學者專家詢（訊）問為宜，以收彈性運用之效。另外在對檢警與審判機關建議方面，主要有五點：一、結構式司法詢問架構應可提升檢警與司法人員詢（訊）問品質，宜持續推廣使用；二、警察人員養成教育可納入司法詢問訓練課程，另法務部核發之證書應定期換發；三、提出需求的專業人士類型；四、建立合作機制；五、持續評估司法詢問架構的適用性並因應我國法律做調整。對主管機關衛生福利部亦有五點建議：一、建立專業人士管理機制；二、盤點目前列冊專業人士司法詢問能力；三、檢討現行培訓及檢核制度；四、列冊人員應回應檢警與審判機關對司法詢問人才需求；五、補助特殊需求兒童案件早期鑑定經費。 The Sexual Assault Crime Prevention Act was amended in 2017 to announce the addition of 15-1 Article took forensic interviewer into Taiwan. The Act was formally implemented since 2017. This research found that experts and scholars have already assisted the judicial inquiry of children sexual assault and intellectual disabilities . In Taiwan, forensic interview system was funded for the requirement of NGO to improve the inquiry of police officers. This system has indeed helped to enhance the inquiry (information) ability of the investigators. The current mode of field operation still maintained to carry out children Sexual Assault inquiry by the trained investigators. And most of forensic interviewer were asked to be assistants during the inquiry . The reason is that the training content of the forensic interview in the Ministry of Health and Welfare is more suitable for the investigators, but it is not customized to train an expert of child sexual assault victim inquiry. Besides, due to the gap exists between the forensic interviewer ability and the needs of the police and the judiciary, it will affect the willingness of the police and the judiciary to hire a forensic interviewer to do inquiry. In addition, the supervision, management and regulations of forensic interviewer system are not yet established. On the executive side, there are some problems to deal with such as that listed forensic interviewers are unable to obtain more investigation information during assisting inquiries, there is no Model for Early Identification of Sexual Assault Case by Professional Group to absorb the use of forensic interviewers, team integration is not easy, etc. Compared to the Early Identification of Sexual Assault Case by Professional Group, the trust for forensic interviewers, who are listed professionals, is low. Those problems may adversely affect the long-term development of the forensic interviewer system in Taiwan. To implement the system of forensic interviewer effectively and to protect the interest of sexual assault child victims, this study suggests that the forensic interviewer system maintains the current dualtrack system, which accounts for higher proportion of general sexual assault child victims. Based on the principle of quotation and economic efficiency, trained prosecutors and enforcement officers should be in charge of inquiry. For a small number of sexual assault child victims with special needs, the author advises to make it flexible to let the forensic interviewers, who are professional, carry out the inquiry. Moreover, there are five recommendations to the enforcement officers and the court. First, the structured protocol should be promoted and applied continuously, which could enhance the quality of the inquiry of the police officers and prosecutors. Second, the education of the police should be incorporated into the forensic interview course. And the certificate issued by the Ministry of Justice should be reissued regularly. Third, submit the type of forensic interviewer base on the field demand. Forth, establish a cooperative mechanism. And the last, continuously assess of the applicability of the forensic interview protocol and adjust the current laws as response. There are five suggestions for Ministry of Health and Welfare. First, establish a management mechanism of forensic interviewers. Second, inventory the current capacity of listed forensic interviewers. Third, review the current training and inspection system. Forth, listed forensic interviewer should respond to the needs of the judicial and judicial authorities in inquiry. Fifth, raise the funds of the Early Identification of Sexual Assault Case for the sexual assault child victims with special needs.