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On the Admissibility of Foreign Public Documents
Admissibility;Foreign Public Document;Hearsay;Confrontation;Public Official
|Issue Date:||2022-04-08 10:20:49 (UTC+8)|
Article 159, Paragraph 1 of the Criminal Procedure Code provides: “Unless otherwise provided by law, oral or written statements made out of trial by a person other than the accused, shall not be admitted as evidence.” While the first Criminal Division Conference of the Supreme Court in 2018 concluded that police interrogation minutes made by foreign police officials is admissible, whether other public documents made by non-police officials is admissible deserves further discussion for the law provides nothing about it. After introducing the hearsay practices in Taiwan and the corresponding hearsay development in the United States, this study states that the admissibility of the foreign public documents bases upon the existence of the trustworthy circumstances while the documents were made. In addition, the current legal design of hearsay system in Taiwan might violate the due process as it does not guarantee the right to confront of the defendant while requesting the foreign government to obtain evidence abroad.
|Relation:||法學評論, 166, 91-136|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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