促進轉型正義委員會於2020年2月公開「臺灣轉型正義資料庫」，收入威權 統治時期軍法、司法審判之政治案件一萬餘案，其特色尤在於呈現審理過程各階 段決策者的決策內容。當中所收錄的李進來案，決策次數多達47次，是該資料庫 中決策次數最多者。李進來案前後經過7次判決才告確定，從其被捕到判決死刑 執行，前後長達近5年。不論就判決次數或所耗費的審理時間而言，在以速審速 決為特色的政治案件中可謂極為少見。 尤其是在這7次判決中，前6次軍法官均僅以最重7年的「知匪不報」論罪科 刑，直到第7次判決才改為依照《懲治叛亂條例》第二條第一項，顛覆政府並著 手實行論罪，判處死刑。本文將研究這7次審判過程，討論基層的軍法官，面對 上級軍政長官屢次發回，為何屢屢堅持己見。而最終讓李進來遭判決「難逃一 死」的第七次判決，又是何種轉折因素所致。 此一案例或可讓我們重新思考政治案件審理過程中，不同階段相關決策者所 扮演的角色。

In February 2020 the Transitional Justice Committee launched “Taiwan Transitional Justice Database,” which included files of more than 10,000 military or judicial political cases during the period of authoritarian rule. These cases present a clear picture of the decisions made by decision-makers at various stages of the trials. The case of Li Jinlai was one that received the most number of decisions among all the cases included in the database -47 decisions in total. The Li Jinlai case was finalized after seven attempted verdicts. It took nearly five years from his arrest to his execution. Either in terms of the number of verdicts or the length of time spent, it is extremely rare in political cases of that period, which often stressed expedited judgments. Not until the last verdict, the military judges in the case only punished the crime with a maximum of seven-year imprisonment on the account that Li “knew about the (Communist) bandit activity but failed to report it.” However, in the last verdict the judge changed the sentence to death penalty in accordance with Article 2, Paragraph 1, of the Punishment of Rebellion Act, which charged Li of “actively engaging in overthrowing the government.” This time it was finally approved. This study examines the process of these seven trials and discusses why the military judges, for the first six times, insisted on their own judgement when facing repeated objections by their military and administrative superiors. It also explores the key factor on the seventh verdict that put Li Jinlai to death. The Li case may allow us to rethink the role played by each decision maker at different stages in the trial of political cases.

李進來；核覆；白色恐怖；軍法官；臺灣轉型正義資料庫

Li Jinlai; Review and Ratification; White Terror; Military Judge; Taiwan Transitional Justice Database