刑事訴訟法鑑定新制對醫療刑事案件之衝擊【月旦時論】 試閱
The Impact of the New Institution of the Criminal Expert Examination on Medical Criminal Proceedings
刑事訴訟法關於鑑定之規範在2017年司改國是會議成為被改革的指標之一，時隔6年後鑑定新制終於誕生，對於原本期待之私選鑑定制度變成私選機關鑑定，而鑑定書面意見希望具名及實施鑑定者出庭被詰問，也在原則與例外徘徊中打了折地被實現，對於醫療糾紛中最常使用鑑定之證據調查方式，必須了解鑑定新制與因應可能之衝擊。
The norms for the examination of criminal experts were one of the topics of the National Conference on Judicial Reform in 2017, and after 6 years, a new institution has finally emerged. The originally expected examination institution, according to which the defendant could authorise a private expert for the examination, was changed to the authorisation of a private institute as an examination expert. Regarding the written expert opinion, it was expected that the expert examiner could appear in court and be cross-examined. However, this would only happen in exceptional cases. As expert testimony is widely used in medical litigation, it would be necessary to understand it and realise the effect that the new institution could have.
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