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？ |
| [10]Section 122of the Criminal Justice and Licensing (Scotland) Act 2010, ‘Disclosure of other information: solemn cases’ provides that: '⋯⋯(2)As soon as practicable after complying with the requirement, the prosecutor must disclose to the accused details of any information which the prosecutor is not required to disclose under section 121(2)(b) but which may be relevant to the case for or against the accused. (3)The prosecutor need not disclose under subsection (2) details of sensitive information. (4)In subsection (3), “sensitive”, in relation to an item of information, means that if it were to be disclosed there would be a risk of— (a)causing serious injury, or death, to any person, (b)obstructing or preventing the prevention, detection, investigation or prosecution of crime, or. (c)causing serious prejudice to the public interest.’ Available at: http://www.legislation.gov.uk/asp/2010/13/section/122, last visited: April 23, 2016. |
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