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救援成功,然後呢?「汐止三死囚」社會復歸與刑事補償之研究 What happens after a wrong is righted? A case study on compensation and social rehabilitation: The Hsichih Trio

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  • 最後更新日期:109-05-13
  • 資料點閱次數:651

      「汐止三死囚」案,發生至今已逾二十年,當事人自2003年判決無罪當庭釋放後,亦已近十五年。在當事人的人生中,冤案帶來太多影響與陰影,背負著各種有形、無形的傷痛與異樣目光,他們的生命故事還在持續,在這過程中,身為加害者,國家的補償卻遠遠不足。

      本文透過深度訪談法,訪問「汐止三死囚」當事人及其協助復歸之NGO工作者,紀錄當事人之生命故事,並加以分類釐清當事人在復歸之路上所需之協助與困難,並檢視台灣之刑事補償法缺失及提出修法建議。

      研究發現:當事人在復歸歷程中,冤案的影響極大,即便至今依然需要各類協助,金錢補償並無法確實幫助當事人之復歸。台灣在對冤案當事人之刑事補償上極其缺乏,且國家未意識到自身為加害者之事實,未公開表示歉意或有其他證明無辜之作為,造就司法從業人員及社會大眾不信任當事人之無辜。台灣應審慎考慮針對冤案當事人之相關補償制度做出改變,加以保障當事人在離開牢籠後之未來生活,並加以撫慰。

      It has been over two decades since the ‘Hsichih Trio’ criminal case began. It has been a critical case featuring wrongful incarceration of defendants on death row who were later declared non-guilty and released in 2003. For the defendants, being involved in a case of wrongful accusation was a life-changing experience. They suffered from the constant pressure of Death Row Phenomenon, familial tragedies during incarceration, and harsh public judgement. The government, as the official perpetrator of the injustice miscarried against these men, did not offer sufficient compensation to the defendants for their loss of freedom and the damage to their reputation.

      This study is aimed at understanding the difficulties and the assistance needed for rehabilitation of former death row prisoners, utilizing their life stories as a means for achieving this understanding. To this end in-depth interviews have been conducted with the Hsichih Trio defendants and NGO workers who assisted their rehabilitation. This thesis examines areas of concern in the Law of Compensation for Wrongful Detentions and Executions in Taiwan, as well as providing suggestions on amending the law.

      This study finds that the unjust case affected the trio greatly during their rehabilitation, often most deeply in forms that financial security could not ameliorate. In Taiwan, the State does not offer sufficient compensation to people who have suffered from judicial injustice. The State does not consider, nor admit, itself as a perpetrator, and rarely apologizes or seeks to publicly prove the defendants’ innocence. As a result, many judicial practitioners, and a large section of the general public, continue to consider the men guilty. Taiwan should amend its unjust compensation system in order to better serve the needs of the exonerated and help them securely regain their lives.

資料來源:https://ndltd.ncl.edu.tw/cgi-bin/gs32/gsweb.cgi/ccd=IIrtTb/record?r1=2&h1=4

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