大法官解釋 釋字第737號 |
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| 公佈日期：20160429 |
| 解釋爭點 |
| 依刑事訴訟法第三十三條第一項、第一百零一條第三項規定，犯罪嫌疑人及其辯護人於偵查中羈押審查程序得從而獲知之卷證資訊，僅為聲請羈押事由所依據之事實，是否合憲？ |
| [9]Section 17 of the Criminal Disclosure Act 2008 of New Zealand, ‘Reasons for withholding information’ provides that: ‘(1)A prosecutor may withhold any information to which the defendant would otherwise be entitled under this Act if— (a)disclosure of the information is likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; (b)disclosure of the information is likely to endanger the safety of any person; or ⋯⋯ (d)the information is subject to sections 108 and 109 of the Evidence Act 2006 (which relates to information about undercover police officers); or (e)the information is subject to a pre-trial witness anonymity order under section 110 of the Evidence Act 2006 or a witness anonymity order under section 112 of the Evidence Act 2006; or (f)the information is subject to section 16 of the Victims Rights Act 2002 (which relates to information about witnesses’ addresses); or (g)the disclosure of the information would be likely to prejudice— (i)the security or defence of New Zealand or the international relations of the Government of New Zealand; or (ii)the entrusting of information to the Government of New Zealand on a basis of confidence by the government of any other country or any agency of such a government or any international organisation; or (h)disclosure of the information would be likely to facilitate the commission of another offence; or (i)disclosure of the information would constitute contempt of court or contempt of the House of Representatives; or (j)the information could be withheld under any privilege applicable under the rules of evidence; or (k)disclosure of the information would be contrary to the provisions of any other enactment;⋯⋯’ Available at: http://www.legislation.govt.nz/act/public/2008/0038/latest/DLM1378869.html, last visited: April 22, 2016. |
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