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Australian Journal of Asian Law

Abstract from Volume 8 No 1 (2006)

The Exclusionary Rule in Taiwan

Ming-Woei Chang is Adjunct Assistant Professor of Law, Soochou University, School of Law, Taipei, Taiwan.

To improve human rights protection, Taiwan’'s Government has passed several important amendments to its Criminal Procedure Code since 1990. The original Code was, however, based on continental inquisitorial models, while the amendments are derived mainly from the American model. The question thus arises of whether Taiwan’s new criminal procedure retains its inquisitorial origins or whether it has become more adversarial in nature. This article examines one aspect of this problem, through an examination of the newly enacted exclusionary rule in the Taiwan's Criminal Procedure Code which is sometimes inaccurately and simplistically described as a mandatory rule, a reference to its US counterpart. After a brief comparative overview of the developments in the exclusionary rule in Taiwan and in the United States, this article considers why development of the rule in Taiwan differs from the US experience. The article argues that differences between these two rules will eventually become smaller, since both seem to apply similar ‘balancing tests’ when excluding evidence.

(2006) 8(1) Asian Law 68

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