程序正当及公平原则,是指为了落实法律所保障的诉讼基本权,在刑事诉讼中必须建构各种正当合理及公平的制度或程序,使司法机关进行刑事追诉和审判程序时,得以达成公正审判的目的。程序正当及公平原则应包括下列的刑事诉讼制度或法定程序。 The principles of due process and fairness mean that in order to implement the basic rights of litigation that are guaranteed by law, various legitimate and fair systems or procedures must be established in criminal litigation so that when the judicial organs carry out criminal prosecutions and judicial procedures, a fair trial can be reached the goal of. Procedural justification and fairness principles should include the following criminal procedure or statutory procedures.