August 2017
Evidence favorable to a defendant refers to such evidence that objectively has certain connections with the criminal facts determined in the decision, supports a finding favorable to the defendant and affects the subject of the decision(Taiwan)
Frank Sun
The Supreme Court rendered the 104-Tai-Shang-3438 Criminal Decision of November 12, 2015 (hereinafter, the "Decision"), holding that evidence favorable to a defendant refers to such evidence that objectively has certain connections with the criminal facts determined in the decision, supports a finding favorable to the defendant and affects the subject of the decision.
According to the facts underlying the Decision, the Appellants were jointly convicted of the offense of conducting illegal foreign exchange business under the first part of Article 125, Paragraph 1 of the Banking Law in the original decision. Dissatisfied, the Appellants filed this appeal.
According to the Decision, reasons should be provided in a court decision if evidence favorable to a defendant is not accepted. Otherwise, the decision will be illegal on the ground of insufficiency of decision reasons. However, evidence favorable to a defendant refers to such evidence that objectively has certain connections with the criminal facts determined in the decision, supports a finding favorable to the defendant and affects the subject of the decision. Under other circumstances, even if the reasons of the decision fail to indicate and expound each of the reasons for not accepting such evidence, this decision cannot be found illegal on the ground of insufficiency of decision reasons.
It was further held in this Decision that the testimonies of witnesses during investigation were different from the circumstances during court hearings where the witnesses admitted to their crimes. Therefore, the statements provided by the witnesses were objectively not statements favorable to the Appellant. When the original decision did not elaborate on the reasons why such statements were not accepted, there was no insufficiency of decision reasons to render the decision illegal. Therefore, the Appellant's appeal was rejected.
The Supreme Court rendered the 104-Tai-Shang-3438 Criminal Decision of November 12, 2015 (hereinafter, the "Decision"), holding that evidence favorable to a defendant refers to such evidence that objectively has certain connections with the criminal facts determined in the decision, supports a finding favorable to the defendant and affects the subject of the decision.
According to the facts underlying the Decision, the Appellants were jointly convicted of the offense of conducting illegal foreign exchange business under the first part of Article 125, Paragraph 1 of the Banking Law in the original decision. Dissatisfied, the Appellants filed this appeal.
According to the Decision, reasons should be provided in a court decision if evidence favorable to a defendant is not accepted. Otherwise, the decision will be illegal on the ground of insufficiency of decision reasons. However, evidence favorable to a defendant refers to such evidence that objectively has certain connections with the criminal facts determined in the decision, supports a finding favorable to the defendant and affects the subject of the decision. Under other circumstances, even if the reasons of the decision fail to indicate and expound each of the reasons for not accepting such evidence, this decision cannot be found illegal on the ground of insufficiency of decision reasons.
It was further held in this Decision that the testimonies of witnesses during investigation were different from the circumstances during court hearings where the witnesses admitted to their crimes. Therefore, the statements provided by the witnesses were objectively not statements favorable to the Appellant. When the original decision did not elaborate on the reasons why such statements were not accepted, there was no insufficiency of decision reasons to render the decision illegal. Therefore, the Appellant's appeal was rejected.
