Study on derivative monitoring evidence
Date Issued
2010
Date
2010
Author(s)
Hsu, Lan-Pin
Abstract
Due to the rapid development of technology and booming innovated crime techniques nowadays, monitoring becomes an important and dependable means of criminal investigation. However, it is inevitable to accidently obtain evidence of another crime in a legitimate monitoring. The conflicts and balance between serious invasion of human rights and convenient execution of investigation methods regarding the nature of monitoring have caused impact on the legality and application of derivative monitoring evidence. Stringent definition on the legality of derivative monitoring evidence retards criminal investigation; on the other hand, lenient definition on the legality of derivative monitoring evidence invades human rights. Accordingly, the focus of the essay falls on reasonable definition on the legality of derivative monitoring evidence as well as the applicable scope of such evidence information, which are also important issues in the study of monitoring mechanism.
The essay begins with the nature of monitoring by introducing the basic constitutional human rights involve with monitoring and the Constitution Principles involve with monitoring announced by J.Y. Interpretation No. 631 of Judicial Yuan. Then, the introduction of the characters, categories, restrictions, and the application of derivative monitoring evidence in the criminal practice would be followed. Furthermore, the essay will review and analyze the cognizance of derivative monitoring evidence of other countries based on their specific communication surveillance systems and regulations; the theory basis on derivative monitoring evidence information of R.O.C. academic community is afterwards presented. Lastly, the essay would analyze and conclude the precedents regarding derivative monitoring evidence in R.O.C. courts. The essay aims not only to clarify issues on derivative monitoring incurred in the current statutes but also demonstrate appropriate judgments and reasoning on derivate monitoring evidence for reference to courts in the future.
Subjects
communication surveillance
monitoring
derivative monitoring
due legal process
coercive measures
felony principle
exclusionary rule
hearsay rule
good-faith exception
fruit-of-the-poisonous-tree doctrine
derivative seizures
radiation effect of proof-exclusion
SDGs
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