「不得上訴於第三審法院。」是我自2015年起的口頭禪之一。 |
"Not appealable to the court of third instance." is one of my pet phrases since 2015. |
這句話出自〈最高法院刑事判例69年台上字第2037號〉,它是我第一個接觸到的判例,因此刻骨銘心。 |
The sentence originated from Supreme Court criminal precedent, 69th year, Tai Shang Zi No. 2037, which was the first precedent that I contacted with and thus impressive to me. |
其內涵在於:為了合理分配有限的司法資源,法律規定某幾種輕微案件不得上訴於第三審法院,至多兩審定讞。 |
It means: for reasonably distributing the finite judicial resources, the laws prescribe that certain kinds of minor cases are not appealable to the court of third instance, and a definitive judgement will be given by no more than two instances. |
如此,當事人只剩下兩個審級可以平反,一個審級利益被法定剝奪了。 |
As a result, the person involved in such cases can argue for his justice in only two instances, and one of his instance benefit is legally deprived. |
這顯示出了現實的殘酷。 |
This shows the cruelty of the reality. |