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Back柯文哲二審首日要求法庭直播,法界分析其實為政治訊號
柯文哲二審首日要求法庭直播,法界分析其實為政治訊號
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自由时报15 minutes agoPolitics2 min readChina

柯文哲二審首日要求法庭直播,法界分析其實為政治訊號

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前台北市長柯文哲涉京華城、政治獻金案二審首日開庭即要求法庭直播,並公開呼籲訴諸全民。法界指出,依現行法制,事實審僅允許言詞辯論及裁判宣示公開播送,證人詰問等證據調查階段不在範圍內。柯文哲此舉被視為將司法公開訴求帶入輿論場,為後續判決預留攻防空間,而非實際期待當下直播。制度本身由民眾黨團推動並於去年施行,一審已適用。法界警告,此論述易將司法程序判斷轉化為社會監督議題,增加法官壓力。

AI-generated summary

Why It Matters

柯文哲涉京華城開發案及政治獻金案,一審已依修正後的法院組織法裁准言詞辯論及裁判宣示公開播送。民眾黨團去年推動修法,主張事實審原則不公開、例外公開,法律審則原則公開、例外不公開,修法已於去年十月施行。

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前台北市長柯文哲涉京華城、政治獻金案,二審首日開庭即要求「法庭直播」,並在庭後喊話「訴諸全民大家來看,法官、檢察官不要怕。」不過,依現行法制,二審仍屬事實審,法庭公開播送原則上僅限審理末段的言詞辯論及裁判宣示,證人詰問、證據調查均不在範圍內。

法界分析,柯文哲在準備程序階段即拋出公播議題,重點未必在當下能否真的直播審理,而是先把「司法公開」訴求帶進輿論場,為後續判決結果預留攻防空間。

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法院組織法第90條規定,高等法院、地方法院等事實審法院的法庭錄音錄影,原則上不公開播送;若涉及重大公共利益或屬社會矚目案件,法院綜合考量公共利益、審判公平及程序參與人權益後,才可依當事人聲請或依職權,裁定公開播言詞辯論及裁判宣示的錄音錄影。

司法院也明確界定,刑事案件可公開播送的言詞辯論,是證據調查結束後由檢辯雙方就事實及法律進行辯論的程序;此前的證人交互詰問、勘驗、提示證據等證據調查,均不在公開範圍,且現行制度並非法庭即時「LIVE」,原則上須待裁判宣示或公告後才播出。

意即,即使高院日後准許柯文哲案公開播送,目前正在進行的準備程序,以及後續可能進行的證人詰問、證據調查,都不會因此公開;真正可能播出的,已是全案審理接近尾聲的言詞辯論及最終宣判。

而這套制度本身正是由民眾黨團推動,民眾黨團去年由黃國昌等人提出法院組織法修正草案,主張法律審「原則公開、例外不公開」,事實審則「原則不公開、例外公開」,修法同年6月經立法院三讀通過、7月公布,10月施行。

京華城案一審也已適用這套制度。台北地方法院先前因柯文哲聲請,因涉重大公共利益、屬社會矚目案件,裁准言詞辯論及裁判宣示錄影公開播送;但即使如此,公開範圍仍不包括準備程序、證人詰問及證據調查,也是在宣判後才將影像公開。

法界指出,從程序時間來看,柯文哲此時提出公開播送,短期內並不會讓二審審理內容立即呈現在社會面前,因此現階段的實際訴訟效果有限,反而是「要求司法公開」的政治訊息可以立即形成。

法界認為,這類論述容易將法院是否准許公開播送,塑造成司法是否願意接受社會檢驗的象徵;一旦法院未予准許,柯方可據此質疑司法不夠公開,使原本應由合議庭依法律要件、審判公平及程序參與人權益所作的程序判斷,被轉化為司法是否「敢不敢公開」、「願不願受監督」的輿論,增加法官在審理之外的壓力。

What to Watch

AI outlook — possibilities, not facts

  • 高等法院將駁回柯文哲的法庭直播聲請,維持現行證據調查階段不公開的原則。

    Likely · Within weeks

  • 即使日後准許公開播送,也僅限於言詞辯論及裁判宣示階段,證據調查過程仍不會公開。

    Very likely · Within months

Open Questions

  • 二審是否會准許柯文哲的法庭直播聲請?
  • 法院在 weighing 公共利益與審判公平時,最終將如何裁定?
  • 此類司法公開訴求是否會影響未來其他高 profile 案件的審理方式?

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This article was originally published by 自由时报.

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