A Study of the Police Administrative Investigation－Focus on Article 14 of the Police Authority Performing Act
Date Issued
2007
Date
2007
Author(s)
Wang, Chun-Hsiang
DOI
zh-TW
Abstract
According to Article 14 of the Police Authority Performing Act, the police are entitled to ask citizens to be present for investigation. Such regulation empowers the police to ask a particular citizen to be present for duty at a specific time and place, and it belongs to the administrative investigation power of the police. Based on the authorization of the country, the police can, under certain circumstances, question citizens and collect relevant information. However, asking citizens to be present should not be seen simply as a means to the police’s investigation and information collection, rather, it should embody the protection of the rights of citizens’ participation. Such participation not only can protect the rights of citizens, but also can assist the police’s investigation. In addition, although the police are entitled to ask citizens to be present, such acts would inevitably infringe citizens’ rights, such as freedom of movement, right to informational self-determination, and right to privacy, and thus should be proclaimed in the law and should apply to the principle of the privilege against self-incrimination. The aim of this paper is to reify the constitutional principles into applicable conditions of the investigations in which citizens are requested to be present. This paper will review the current regulations and conclude by generating concrete suggestions regarding the future revision of such law in order to improve the implementation of Article 14 of the Police Authority Performing Act.
Subjects
警察
行政調查
警察職權行使法
通知到場
警察任務
隱私權
police
administrative investigation
Police Authority Performing Act
ask to be present
police task
right to informational self-determination
right to privacy
Type
thesis
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