Research on the Performance of the Police in Taiwan after Signing“Cross-Strait Cooperation In Combating Crimes And Judicial Assistance Agreement”
Date Issued
2014
Date
2014
Author(s)
Lin, Chen-Yao
Abstract
Abstract
Despite judicial and police authorities across Taiwan strait intended to enhance cooperation in fighting cross-border crime before 2009, the political factors and the uncertainty of high-level personnel have led the cooperation subject to individual discretion and case-by-case basis, failing to establish institutional mechanism. On April 26, 2009, after signing "Cross-strait Cooperation of Combating Crimes and Mutual Legal Assistance Agreement" (hereinafter referred to as the agreement), there has been a breakthrough but also arises a series of challenge in combating cross-border crimes. After more than four years’ practice, the implementation of the agreement wins strong support from cross-strait governments and the people.
Within the scope of the agreement, this study focuses on the four aspects of crime fighting including "information exchange", "investigation assistance," “joint taskforce” and "criminal deportation." In addition, six contents of mutual legal assistance were analyzed in this study including "document delivery service," "investigation and evidence preservation, " " transference of criminal evidence and stolen goods"," referee notary "," humanitarian visiting" and " deportation of fugitives and suspects." This study explores the effectiveness and challenges of the agreement implementation which mostly applied on "joint crime fighting" and "mutual legal assistance." Accordingly, in order to implement mutual authentication between theory and practice, the researcher analyzed the data gathered from police aut
horities, particularly from Criminal Investigation Bureau and interviewed nine police officers who have practical experiences. The findings are:
1. Joint Crime Fighting: Taiwan’s Criminal Investigation Bureau is the most effective agency among all law enforcements to implement the agreement. It is more effective on the aspects of criminal intelligence exchange, high-profile case solving, and investigation assistance. But both governments still have different viewpoints or stands pending for further settlement.
2. Mutual Legal Assistance: the impact of humanitarian visiting and the delivery of documents are very significant. There has been a breakthrough on the investigation and evidence preservation, criminal evidences and stolen goods’ transference, referee notary and deportation of suspects. However, there is plenty room for negotiation due to the difference of political, judicial, prosecution systems.
3. The two governments across Taiwan strait need to strengthen cooperation mechanism in order to actively combat major cross-border criminal case.
4. Two sides have to set aside the political and legal differences in order to establish a mutual legal assistance platform, installing contact points and deploying liaison officers.
Subjects
警務合作
共同打擊犯罪
司法互助
刑事司法互助
跨境犯罪
SDGs
Type
thesis
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