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德國被害人訴訟參加(附加訴訟)之引進
Journal article

德國被害人訴訟參加(附加訴訟)之引進

月旦法學雜誌 月旦法學雜誌, (269), pp.51-69
2017

Abstract

附加訴訟;被害人訴訟參加;附屬公訴人;被害人權利;德國被害人權利;Private Accessory Prosecution;Subsidiary Prosecutor;Victim Participation in Criminal Proceedings;Victim Rights;Victim Rights in Germany;Nebenklage
For improving the position of victims in the criminal proceedings, it has been proposed to introduce victim participation in criminal proceedings. This kind of victim right is not a novel concept in many civil law countries. For example, Germany permits victims of specific crimes to join proceedings as 'private accessory prosecutor' for more than a century. These private accessory prosecutors have right to be present at the trial, to ask questions anytime, to apply for evidence to be taken, to submit declarations, to make closing arguments and they even have right to appeal. This article presents an up-to-date view of the procedural and substantive elements and the practice of this institution in Germany. It also suggests that some significant adjustments need to be made to accommodate the needs and circumstances in Taiwan.

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