刑事精神鑑定之實證研究──2016年至2021年法院事實審統計【本期企劃】 試閱
An Empirical Study for Psychiatry Assessment in the Criminal Procedure: The Statistic of Trial of Fact in the Court between 2016 and 2021
近年來對於重大暴力事件犯罪嫌疑人經媒體報導似均患有精神疾病,就事實審法院5年送精神鑑定案件似有緩步成長,惟就所涉案件是以竊盜為大宗,暴力犯罪僅占少數,而其中罹患思覺失調症僅有7‰ 然而從精神鑑定結果與判決見解之高達近99%之一致性,是否屬於正常現象,而就不一致案例及複數精神鑑定究竟法院如何取捨,本文提出實證分析。
Recently the suspected of the serious violence cases seemed to suffer from the schizophrenia according to the mass media and within five years it would be increased slowly that the courts which are in charge of trial of fact assigned to the psychiatry assessment. In which the most cases were about theft, whereas the violence cases were less, in which only 7‰ of the patients suffered from the schizophrenia. By means of empirical analysis, it would be discussed in this essay whether it would be normal that the opinions of assessment had up to 99% of correspondence with the judgments, and how the court would make the decision when an opinion would be divergent from the assurance of the court and when there would be many opinions at the same time.
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