精神障礙被告之就審能力：從CRPD與Noble v. Australia案出發 免費試閱
Exploring Competency to Stand Trial of Mentally Disordered Defendant: In the Wake of CRPD and UN Decision on Marlon Noble Case
Mentally disordered defendant and their competency to stand trial were often neglected by domestic practitioners and academia. Ensuing the implementation of Convention on the Rights of Persons with Disabilities (CRPD) and its affiliated human rights conventions, an onset of further discussion and an influx of new perspectives should be expected. By the preliminary criminal procedural issue of competency to stand trial of mentally disordered defendants, this article will utilize several concepts adopted by CRPD, including equality/non-discrimination based on disability and judicial protection, which domestic academia and practitioners find to be obscure, to inspect whether and how the rights of mentally disordered defendants were protected in procedures of related litigations, and attempt to provide relevant suggestions.