
前台北科技大學教授王隆昌經歷十四年救濟後終獲改判無罪,民間司法改革基金會指出現行制度使冤案平反過於依賴運氣,呼籲儘速推動「平冤四法」,包括設置冤案救濟委員會與刑事案件確定後審查法庭,以避免再次發生類似誤判。
AI-generated summary
王隆昌案經歷非常上訴、再審等漫長救濟程序,終於在十四年後獲改判無罪。現行制度中,有罪判決確定後若要推翻原判決,主要透過再審、非常上訴等法定救濟途徑,法務部於二〇一七年設立有罪確定案件審查機制,由高檢署成立審查會進行檢視。
前台北科技大學教授王隆昌歷經十四年救濟,終於逆轉改判無罪;民間司法改革基金會也呼籲,儘速推動「平冤四法」的修正,盼別再有下一個蒙冤者。雖然二〇一七年司法改革國是會議曾決議,建議政府研議設置獨立的「刑事確定案件檢視機制」,但至今台灣並未建立類似英國刑事案件審查委員會(CCRC)的獨立機構。
依照目前的制度,有罪判決確定後,若要推翻原判決,主要仍透過再審、非常上訴等法定救濟途徑。法務部另於二〇一七年建立「有罪確定案件審查機制」,由高檢署成立審查會,針對曾聲請再審或提起非常上訴遭駁回的有罪確定案件重新檢視,成員除檢察官外,也可邀集法醫、鑑識專家、刑事法學者、律師及退休司法官參與,且非檢察官委員不得少於半數。
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民間團體認為現行制度仍有不足,司改會與冤獄平反協會二〇二四年提出「平冤四法」,主張在監察院設置專責調查冤案的「冤案救濟委員會」,並在司法院設置「刑事案件確定後審查法庭」,希望讓冤案調查與重新審判形成專責制度,不過至今仍未有具體進展。
現行制度 冤案能否平反很憑運氣
王隆昌案歷經非常上訴、再審等漫長救濟程序,最終才獲改判無罪,司改會表示,王隆昌教授甚至已算幸運;現行制度中,能夠回頭檢視確定判決的三條路徑,本身都不好走:再審的門又窄又重,非常上訴受限於雙重審查,又與再審長期互踢皮球;監察院縱有調查能量,卻無權啟動司法救濟。
司改會呼籲,現行再審門檻、非常上訴及監察院調查各有制度限制,不應讓冤案能否獲得重新檢視取決於個案是否遇到願意重新調查的檢察官或其他偶然因素。
AI outlook — possibilities, not facts
立法院將在未來幾個月內審議「平冤四法」的修正案
Likely · Within months
監察院或司法院將在未來一年內成立專責小組研究冤案救濟制度
Possible · Within months

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