amendments to the provisions regarding forensic science under the Code
of Criminal Procedure.
100. The forensics and expert testimony system should keep updating its kinds of
methods for assessing evidence in order to keep up with technological
developments. This is to respond to the needs of investigation and trial, help
to establish levels of scientific authority and diversified forensic science
systems, and enhance the impartiality of expert testimony organizations. This
impartiality can be facilitated if expert testimony and evidence assessment
organizations are compiled into a list that courts can select from to find expert
witnesses or relevant organizations. As a judge is fully responsible for the
accuracy of the his/her verdict, and a prosecutor should bear the burden of
proof toward the facts, it is necessary to improve their competency through
forensic science training, and set up a rapid and appropriate expert testimony
review system (re-check system) to maintain the principle of an impartial
tribunal. Upon investigation and subsequent follow-up by the Control Yuan,
the Judicial Yuan is discussing amendments to the provisions regarding
forensic science under the Code of Criminal Procedure.
101. In sexual assault cases, expert testimony regarding a victim’s post-traumatic
stress disorder (hereinafter referred to as “PTSD”) is often used as supporting
evidence. The difference in intensity and strength of supporting evidence
might affect the predictability of a judgment and the people’s trust in judicial
verdicts. Therefore, the criminal division of the Supreme Court is
recommended to state its reasons in the ruling when examining such cases,
and refer these cases to the Grand Chamber of criminal divisions for discussion
and to seek uniformity in legal opinion.
102. Some psychiatric institutions, when performing PTSD assessment, sometimes
proceed beyond their authorization to provide professional evidence and
opinion only, and provide also their determination of the cause-and-effect. The
Ministry of Health and Welfare should evaluate this problem, or discuss the
feasibility and necessity of developing a PTSD expert testimony guide book
to improve the quality of PTSD assessment, meeting the requirements of being
professional, accurate, and credible. Upon investigation and subsequent
follow-up by the Control Yuan, the Ministry of Health and Welfare will work
with the Taiwan Academy of Psychiatry and the Law to discuss the related
guidance applicable to PTSD assessment.
Polygraph Examinations
103. Unlike DNA forensic science investigation results, polygraph examination
results are not reproducible, and they rely on multiple factors, such as the
expertise, intelligence, personality, experience and attitude of the examiner. In
the past, only three major agencies in Taiwan specialized in polygraph
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