| 单词 | Stand mute |
| 释义 | 保持緘默 To fail to enter a plea when charged or arraigned in court. If a defendant stands mute of malice, or will not answer directly to the indictment, the court may order a plea of not guilty to be entered on his behalf, and he shall then be treated as having pleaded not guilty: Criminal Procedure Ordinance (Cap 221) s 51(1)(c). When the accused failed to plead because of some mental or physical disability, it was known as ‘mute by visitation of god’ and the court would determine whether the accused was fit to plead by a jury empanelled for that reason: R v Governor of Stafford Prison, ex p Emery [1909] 2 KB 81. The concept of mute by the visitation of God has been held to include where the accused is deaf and dumb (R v Governor of Stafford Prison, ex p Emery, supra) and where the accused is so deaf that he is unable to hear the indictment read. The burden of proof in relation to the issue of whether the accused is mute of malice is on the prosecution and the standard of proof is proof beyond reasonable doubt: R v Sharp [1960] 1 QB 357, [1958] 1 All ER 62. See also Fitness to plead; Plea. 在法院被檢控或被公訴提控時，沒有作出答辯。如被告人出於惡意而保持緘默，或不直接回答公訴書，法庭可命令代他登錄不認罪的答辯，而他即被視作已作出不認罪的答辯：《刑事訴訟程序條例》（第221章）第51(1)(c)條。如被告人因為若干精神上或身體上的無能力而沒有答辯，則稱為「天賜緘默」，而有關的法院會決定被告人是否適合在陪審員席前答辯：R v Governor of Stafford Prison, ex p Emery [1909] 2 KB 81。法院已裁定天賜緘默的情況包括聾啞 (R v Governor of Stafford Prison, ex p Emery, 見上文) ，及被告人的耳聾程度是不可以聽到所讀出的公訴書。關於被告人是否保持緘默的爭論點的舉證責任在於控方，而舉證的準則是證明無合理疑問：R v Sharp [1960] 1 QB 357n, [1958] 1 All ER 62。另見 Fitness to plead; Plea。 |
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