With respect to evidence in criminal procedure, which of the following is not correct under R.O.C. Code of Criminal Procedure?

1. AWhere confession of an accused shall not be used as the sole basis leading to the conviction of offense(s), necessary evidence other than the confession shall nonetheless be investigated to see if the confession is consistent with facts found.
2. BWhere a witness fails to sign an affidavit committing him/her to tell the truth as required by law, his/her testimony so made shall still be admitted as evidence.
3. CUnless otherwise provided by law, the admissibility of the evidence obtained unlawfully by an official in execution of criminal procedure shall be determined by balancing the protection of individual rights and the preservation of public interests.
4. DUnless otherwise provided by law, any oral or written statements made out of court by a person other than the accused shall not be admitted as evidence.

正解 B — Where a witness fails to sign an affidavit committing him/her to tell the truth as required by law, his/her testimony so made shall still be admitted as evidence.

出處:106 年專門職業及技術人員高等考試律師考試第一試、公務人員特種考試司法官考試第一試 ·「綜合法學(二)・商事法」第 66 題(本卷 70 題,涵蓋公司法、保險法、票據法、證券交易法、強制執行法、法學英文) · 科目:法學英文 · 考試日 106 年 8 月 5 日

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