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Taiwan Evidence Rules on Accomplice Confession and Its Inspiration
Author(s): 
Pages: 180-190
Year: Issue:  2
Journal: Evidence Seience

Keyword:  AccompliceCo-defendantConfessionTaiwan regionEvidence rules;
Abstract: In a general sense, issues of the accomplice confession encompass an issue of confession of accomplices who are not in the same trial and an issue of confession of accomplices who are in the same procedure. Evidence rules on issues of accomplice confession or co-defendant confession have experienced a development process from fuzzy to clear in Taiwan. Under Taiwan’s current criminal procedural regulation, the confession of accomplice is regarded as witness testimony in other defendant’s or defendants’ case, and corroborating evidence is required. On the other hand, after procedural isolation, co-defendant is allowed to go through evidence investigation process and corroborating evidence is also required. Such procedures relfect Taiwan’s emphasis on strict proof rule, strengthening protection on procedural rights of the defendant(s). It also relfects a declining importance of confession in Taiwan’s evidence rule system. However, there are still some difficult problems that cannot be solved. To Mainland China, Taiwan’s experience can bring some beneficial inspirations to evidence theory and practice in the issues of accomplice/co-defendant confession.
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