英文摘要 |
The Criminal Procedure Law of Taiwan stipulates that the interrogation of a defendant should be continuously recorded and, if necessary, continuously videotaped to confirm the voluntariness of any confession or to compare the accuracy of the defendant’s interrogation transcript. During bench trials, using such audio and video recordings as substantive or supporting evidence to establish the facts of the crime was infrequent. Nonetheless, Article 120 of the Enforcement Rules of the Citizen Judges Act addresses the use of audio and video recordings of a defendant’s interrogation confessions outside the trial setting. The assessment of the admissibility of this type of evidence, encompassing its evidentiary value and necessity, poses a new challenge in the future courts operating under the Citizen Judges Act. This article aims to scrutinize several significant decisions and doctrinal changes in Japanese law to deliberate on the permissibility of utilizing such evidence as(1) substantive evidence and (2) supporting evidence, and to propose a plausible theoretical framework. |