精神鑑定在國民法庭審理的運用【月旦時論】 試閱
The Practice of Forensic Psychiatric Evaluation in the Citizen Judges System
國民法官法的施行，對於精神鑑定而言，已經產生重大影響，不僅在審判程序上，法庭可能增加檢辯雙方與鑑定人共同參與之鑑定前與鑑定後會議、交互詰問時，鑑定人如何以白話的方式表達其專業意見，以及鑑定人是否得以表達終極問題的判斷，都是關鍵問題。除了責任能力之外，量刑亦可能成為另一攻防的重點。再者，鑑定人判斷的依據終究來自於各種人證及事證，乃至於鑑定團隊間，若有不同意見，這些訊息的落差，鑑定人如何處理和說明，勢必也會在國民法庭中被放大檢視。更由於刑事訴訟對於鑑定的法律修正，精神鑑定在刑事訴訟程序中，鑑定人的活動與參與，勢必成為於國民法庭審理的主要焦點。
The implementation of the Citizen Judges Act (Act on Criminal Trials with the participation of Citizen Judge) has had a notable impact on criminal psychiatric evaluations. In the course of trial procedures, it may be necessary for the judge to request a pre- and post-evaluation meeting that involve the prosecution, defense attorney, and expert witness. During cross-examination, it is recommended that expert witnesses express their professional opinion clearly and objectively, avoiding biased or expressing emotionally. It is important for them to remain neutral and not represent their judgment on the ultimate issue of criminal responsibility. It is also advisable for them to avoid using technical jargon without explaining it first. Additionally, it is worth noting that sentencing may also become a focus of defense besides responsibility. Furthermore, it is important to note that expert witnesses base their judgments on evidence and testimony from a variety of sources, including their own team. In situations where there are conflicting opinions, any gaps in the data and how the expert witness handles and explains them will be subject to close scrutiny by the jury in court. Moreover, due to the legal revision of criminal proceedings regarding psychiatric evaluation, the expert’s participation and involvement in the criminal proceedings will unavoidably be the main point of interest during the trial in the citizen judge court.
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