Interpretation Services
97.
When the judicial police authority is processing cases requiring interpretation
services, interpreters act as the only communication channel between the
investigators, concerned parties, and others. The interpreters play a critical role
in the clarification of facts for the entire case. The substance of interpretations
provided by the interpreters is critical to the case and to the concerned parties’
interests and rights, be they freedom, property, or personal rights. The
interpreters required by the judicial police authority should be proficient in
two languages and also familiar with the related proceedings, terminology, and
have competence in evaluating the equivalence of terms in translation. The
interpreters are also required to act professionally, fairly, and impartially. The
National Police Agency of the Ministry of the Interior is advised to strengthen
its evaluation and training mechanism when using interpretation services; they
must also pay sufficient remuneration in order to ensure the accuracy and
quality of the interpretation service, and maintain the principles of due legal
process in a democratic country ruled by law.
Forensic Science
98.
Concerning the doubts raised by the Judicial Reform Foundation during the
past cases against Chiang Kuo-Ching and Su Chien-Ho, among others,
evidence was indeed not investigated thoroughly during both the
investigations and trials. The judicial personnel appeared to lack competence
in determining scientific evidence and were, therefore, unable to verify any
omissions. The Judicial Yuan and Ministry of Justice should develop a
standard threshold for the efficacy of evidence under forensic science. Upon
investigation and subsequent follow-up by the Control Yuan, the Judicial Yuan
is currently discussing amendments to the provisions regarding forensic
science under the Code of Criminal Procedure.
99.
The investigating agency is advised to select expert witnesses, or
organizations commissioned to provide expert testimony, independently
from those selected or ordered by the court, in order to protect the
defendant’s right to confront witnesses. Meanwhile, it is also advised to
take the merits of the expert witness system used in the United States into
consideration, and to provide the defendant with the right to select the
expert witness. In order to prevent excessive commercialization and
increasing costs from delayed litigation or abuse of the system, which
makes it difficult for the judge to verify the truth, it is advisable to retain
expert testimony from a neutral organization. This expert testimony may
be exempted from cross-examination, and engaged upon mutual agreement
by the judge or concerned parties, in order to protect the concerned parties’
interests in procedure and substantive examination. After investigation and
subsequent follow-up by the Control Yuan, the Judicial Yuan is discussing
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