Retrial of Guilty: The Evaluation of Re-Expert Testimony
As a civil judgment, the retrial judgment No. 7 of Taiwan High Court in 2018 was about the compensation held by the victim to the accused. The accused with the company of the defender took the re-expert testimony during the requesting for the investigation in the civil procedure as an evidence. The former guilty judgment had been overthrow and a new verdict of innocent brought as the consequence. The expert testimony by authorities is always one of the usual evidence during the medical litigation. Nevertheless the issued judgment didn’t take the re-expert testimony made by the medical review committee, nor explain whether another authority making the expert-testimony has standard regulations like the committee to hold the neutrality of the court. Furthermore is there a great difference of the negligence, causality and the evaluation of the evidence between civil and criminal procedure. It should be necessary to be explained in the retrial judgment whether the civil evidence could be taken as a new evidence in the criminal procedure. If positive, there might be a continuing circle of testimony. If the civil evidence had been taken eventually in the retrial judgment, it would be better to explain the impropriety of the testimony by the medical review committee which had been taken in the former judgment to express the necessity of the re-expert testimony.