The Detention of Accused -- Its Legislative Change in Taiwan
Resource
國家發展研究, 9(1), 001-036
Journal
國家發展研究
Journal Volume
9
Journal Issue
1
Pages
001-036
Date Issued
2009-12
Date
2009-12
Author(s)
Chiu, T.S.
Abstract
The Detention of Accused in its original setting is for prosecutors and judges during the investigation or trial period of pending crime cases to
prevent the accused from absconding, conspiring with a co-offender or witness, or destroying evidence. It is the most important measure for achieving the successful completion of criminal proceedings. However, this measure is often in conflict with the presumption of innocence principle. Improper practice of detention could subvert the presumption of innocence principle. In the past under the authoritarian rule, the administration of justice in Taiwan often used detention as a tool for persecuting political dissidents, which have deteriorated and distorted the nature and function of detention practice. Even after the lifting of martial law, there are still some judicial officers who have not changed or adjusted their mindset about detention practice. Traced back from July 1987 on, the criminal proceedings of some notable accused, such as the political prisoner Hsu Hsin-liang, the former legislator Wang Lin-ling, and even the former President Chen Shui-bian, who was indicted for corruption and bribery, all have caused uproar in the community and intense bickering of both the ruling and opposition parties. Furthermore, Legislators, after their colleagues were detained, often exercise their legislative power – amending laws or boycotting budget bills -- to counter the prosecution and the judiciary system. Therefore, the practice of detention and the legislative change in Taiwan – i.e. amending of the Code of Criminal Procedure on detention of accused – often reflect the conflict between legal professionalism and political self-interest. This phenomenon is seldom seen in the countries with clear rules of law, such as Europe, America and Japan and warrant further study.
Subjects
羈押
無罪推定原則
人身自由
「伍澤元條款」
刑事司法改革
Detention of Accused
Presumption of Innocence
Personal Liberty
Criminal Justice Reform
SDGs
Type
journal article
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