ICCPR

Article 14 ICCPR
公民權利與政治權利國際公約
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 　　
人人在法院與法庭之前一律平等。在決定提出任何刑事指控或確定該人在訴訟案中之權利與義務時，人人有資格由一個依法設立的適格的、獨立的與無偏頗之法庭進行公正與公開的聽審。基於民主社會中的道德的、公共秩序或國家安全之理由，或當訴訟當事人的私生活利益有此需要時，或在特殊情況下法庭認為公開審判會損害司法利益因而嚴格需要的限度下，可不使記者與公眾出席全部或部分審判；但對刑事案件或法律訴訟的任何判刑決應公開宣佈，但少年的利益另有要求或者訴訟系有關兒童監護權的婚姻爭端，則不在此限。

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
2.凡受刑事控告者，在未依法證實有罪之前，應有權被推定無罪。 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:
3.在決定對他提出任何刑事指控時，人人完全平等地有資格享受以下的最低限度的保障： (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
(a)迅速以一種他懂得的語言詳細地告知對他提出的指控之性質與原因；
(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;
(b)有相當時間與便利(設施)準備他的辯護，並與他自己所選任之律師聯絡。 (c) To be tried without undue delay;
(c)受審時間不被無故拖延； (d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
(d)出席受審，並親自替自己辯護，或經由他自己所選擇之法律援助(律師)進行辯護；如果他沒有法律援助(律師)，要通知他享有該項權利；在司法利益有此需要之案件中，為他指定法律援助(律師)，而在他沒有足夠能力償付法律援助(律師費用)的案件中，不要他自己付費；
(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(e)詰問或業已詰問對其不利之證人，並使對其有利之證人在與對其不利之證人相同的條件下出庭與受詰問； (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
(f)如他不懂或不會說法庭上所用之語言，能免費獲得譯員之協助； (g) Not to be compelled to testify against himself or to confess guilt.
(g)不被強迫作不利於己之證言或強迫承認犯罪。
4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.
4.在少年的案件，程序上應考量到他們的年齡與幫助（促使）他們重新做人(復歸)之需要。
5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 5.凡被判決有罪者，應有權由一個較高級的法庭對其所定之罪與刑罰依法進行復審。
6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.
6.在依最終判決已被判定刑事犯罪，而隨後依據新的或新發現的事實確實表明發生誤審，其罪名被推翻或被赦免的情況下，因這種定罪而受有刑罰之人應依法得到賠償，除非經證明當時不知道之事實的未被及時揭露完全是或部分是基於他（被告）自己的緣故。
7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
7.任何人已依一國的法律及刑事程序被最終地定罪或宣告無罪者，不得就同一罪名再予審判或懲罰。


2010.8.22
By Wanli Yang