2019-07-032024-05-17https://scholars.lib.ntu.edu.tw/handle/123456789/683942摘要:欲達成行刑矯治目的,對於對象的狀況和未來發展的評估相當重要,而此須在量刑階段即開始著手。長期以來我國刑法57條被用於量刑時,多只考慮行為本身的責任及相關要素,如此會使同條4、5、6款關於行為人性格亦為量刑考量因素的規定有所矛盾。本計畫欲針對社會上重大矚目案件,廣納不同領域之學者專家意見,共同討論出量刑前審前調查所應納入之行為人相關考量因素,並製作成手冊予實務界參考,希望能增加刑度的可預測性及刑度、處遇之妥適性。<br> Abstract: In order to achieve the purpose of execution, it is important to evaluate the condition and future development of the subject, and this must begin at the stage of sentencing. For a long time, when Article 57 of Criminal Law was used for sentencing, judge always considered the act itself and the responsibility corresponded to it . However,this kind of sentence would be a contradictory to the provisions 4, 5 and 6 of Article 57,which based on the personality of the subject. This project targets on the high-profile crime, recruiting experts from different fields to give advice to factors related to pre-trial investigation,and concluding their suggestions to a pamphlet for the reference of practice.We hope the result of this project can improve both the predictability and appropriateness of sentence as well as the intervention.量刑因子重大矚目案件審前調查刑法第57條the sentencing factorshigh-profile crimepre-trial investigationcriminal code #57重大矚目案件之審前調查評估手冊