
前台北科技大學教授王隆昌涉南港展覽館工程招標弊案獲逆轉無罪,關鍵在於指控其收賄的力拓營造董事長特助黃維安證詞前後不一且缺乏金流等客觀證據補強。犯罪防治專家指出,污點證人雖有助揭露隱密犯罪,但可能為減刑而不實指控他人,因此法院形成自由心證時仍需充分調查對被告有利的客觀證據,並說明採信或不採信的理由,以避免誤判。
AI-generated summary
王隆昌曾被台北地方法院判決收賄罪成立,但台灣高等法院 successivamente 撤銷原判決,認定指控主要依賴污點證人黃維安之證詞,而該證詞前後不一且缺乏金流、通聯等客觀證據補強,因此改判無罪。
法官自由心證非毫無限制 對被告有利的客觀證據仍應充分調查
前台北科技大學教授王隆昌捲入南港展覽館工程招標弊案逆轉無罪,關鍵在於指控他收賄的力拓營造董事長特助黃維安證詞前後不一,又欠缺金流等客觀證據補強。銘傳大學犯罪防治系副教授王伯頎表示,污點證人雖有助揭露隱密犯罪,但也可能為減刑而不實指控他人,因此更需客觀證據檢驗,法院如何取捨證據、形成自由心證也是避免誤判的關鍵。
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王隆昌當年被認定收賄,關鍵指證來自轉為污點證人的黃維安。黃指控王收受一二〇萬元,但兩人間查無通聯、電子郵件等聯繫紀錄,也未扣得賄款或發現王及家人帳戶有相對應異常金流。黃對於如何認識王隆昌、兩人見面的時間、地點,以及交付賄款的時間與方式等重要情節,歷次證述存在差異。
王伯頎說明,污點證人制度原本的目的,是鼓勵涉案者揭露不易被發現的犯罪事實,尤其重大犯罪往往具有隱密性,外界難以取得證據,透過涉案者供述,可以協助檢調發現犯罪、追查其他共犯,因此制度本身具有正面功能。
王伯頎表示,但該制度同時具有風險,由於證人可能透過供述其他涉案者換取減刑或其他有利處遇,就可能產生為了自身利益而不實指控他人的誘因,甚至可能因彼此間的恩怨,「反正最差也是被關,如果把別人咬出來可以獲得減刑,就賭一把」,因此污點證人的說法是否可信,更需要其他客觀證據加以檢驗。
王伯頎進一步指出,法院如何取捨證據及形成自由心證,檢察官負有舉證責任,法院也應就相關證據進行調查、判斷證明力;即使被告提出多項對自己有利的證據,如果法院最後選擇不採信,關鍵就回到法官形成自由心證的過程及理由是否充分,但自由心證並非毫無限制,如果案件存在對被告有利的客觀證據,法院仍應充分調查並說明為何採信或不採信。
AI outlook — possibilities, not facts
司法院或立法院將檢討污點證人制度的使用規範,以提高證據門檻
Possible · Within months

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