刑事醫療鑑定報告應有之證據調查方法【醫事法學教室】 試閱
Necessary Evidence Investigation Methods in Criminal Medical Appraisal Report
鑑定人雖屬人的證據方法，但於鑑定報告的調查程序，尤其是機關鑑定，卻常以鑑定報告書屬可信性文書，認其係傳聞之例外而具有證據能力。若對鑑定報告有疑問，也是由法院以函詢鑑定機關的方式為解決，此既是書面審理，且如醫療鑑定之類，係具有高度專業與複雜的事務，如此的審理方式能否為法官所理解與掌握，實屬有疑。又在當事人無從詰問，被告亦無從自行委請鑑定下，更是對訴訟權的侵害，故是未來必須加以改革之處。
Although an expert is a personal method of evidence, in theprocess of investigating an expert’s report, especially in anagency’s appraisal, he often regards his expert’s report asa credibility document, which is an exception to hearsay,and has the ability to prove. If there is a question about theappraisal report, the court will also resolve it by inquiringthe appraisal agency by letter. This is not only a writtentrial, but also involves highly professional and complicatedmatters such as medical appraisal. Can such a trial methodbe handled by a judge? In addition, when the parties haveno way to cross-examine and the defendant cannot requestan appraisal on their own, it is an infringement of the rightof litigation, which must be reformed in the future.
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