66 With respect to evidence in criminal procedure, which of the following is not correct under R.O.C. Code of
Criminal Procedure?
(A)Where confession of an accused shall not be used as the sole basis leading to the conviction of offense(s),
necessary evidence other than the confession shall nonetheless be investigated to see if the confession is
consistent with facts found.
(B)Where a witness fails to sign an affidavit committing him/her to tell the truth as required by law, his/her
testimony so made shall still be admitted as evidence.
(C)Unless otherwise provided by law, the admissibility of the evidence obtained unlawfully by an official in
execution of criminal procedure shall be determined by balancing the protection of individual rights and
the preservation of public interests.
(D)Unless otherwise provided by law, any oral or written statements made out of court by a person other
than the accused shall not be admitted as evidence.
統計: A(20), B(177), C(54), D(41), E(0) #1646784
詳解 (共 2 筆)
(A)Where confession of an accused shall not be used as the sole basis leading to the conviction of offense(s), necessary evidence other than the confession shall nonetheless be investigated to see if the confession is consistent with facts found. 被告自白不得作為有罪判決之唯一基礎,仍應調查其他必要證據,以察是否與事實相符(參刑訴156II)
(B)Where a witness fails to sign an affidavit committing him/her to tell the truth as required by law, his/her testimony so made shall still not be admitted as evidence.證人依法應具結而未具結者,其證言不得作為證據(參刑訴158-3)
(C)Unless otherwise provided by law, the admissibility of the evidence obtained unlawfully by an official in execution of criminal procedure shall be determined by balancing the protection of individual rights and the preservation of public interests.除法律另有規定外,實施刑訴程序公務員非法取得證據,其有無證據能力之認定,應審酌人權保障及公共利益之均衡維護(參刑訴158-4)
(D)Unless otherwise provided by law, any oral or written statements made out of court by a person other than the accused shall not be admitted as evidence.被告以外之人於法庭外之言詞或書面陳述,除法律另有規定者外,不得作為證據(參刑訴159-1)