| Summary: | 碩士 === 東吳大學 === 法律學系 === 96 === Abstract
Law of Criminal Procedure was amended in 1982 due to the suicide of Mr. Y.S. Wang to have the defense system included in the investigation. The defense of the accused was extended to the stage of court process not the investigation before the said law amendment. The defense system has been included in the investigation for over two decades; however, scholars and attorneys believe that the status and protection of the accused in the investigation are not improved up to the present. The judicial court believes that if the accused and the attorney are entrusted with the right of defense throughout the investigation, the prosecutors are deprived of investigation dominance in finding the truth. Therefore, for the said law amendment in 1982, the accused was granted with the right to choose his/her own defender while other privileges were neglected synchronously in the amendment. Concurrent Law of Criminal Procedure is to find the truth and to protect the human right of the accused at the same time; therefore, the adequacy of current law must be reviewed further.
In terms of Law of Criminal Procedure, the importance of defense system in the investigation equals to the judicial procedure of the court. The accused in a criminal case is a layman of law and the accused encounters with prosecutors and policemen who are knowledgeable and experienced in law and criminal investigation at the beginning of the investigation process. Moreover, the accused is most likely unable to collect evidence; therefore, the accused who was considered to be guilty of the charge by the prosecutors and policemen at the beginning of the investigation cannot expect the investigation institute to collect and investigate evidence in his/her favor. In practice, the evidence in favor of the accused usually can be identified easily at the beginning of the investigation; therefore, if the prosecutors and policemen have failed to have evidences collected and investigated upon occurrence; the evidences are usually perished and lost during the trial. Under the circumstance, the role of the defender is as importance in the investigation as in the court of law.
The defense system in the investigatio nis to help make up the psychological, law knowledge, and lawsuit disadvantage of the accused. Therefore, the defense right is the realization of protecting human right. In addition to Chapter 1 Introduction discussing the motive, purpose, and direction of the study, there are more chapters arranged in the study as follows:
Chapter 2 Discussion of Investigation Procedure and Secret Investigation Principle is to discuss the origin of secret investigation, the necessity and purpose of the secret investigation principle, the guidelines of secret investigation principle, whether there is boundary of secret investigation principle or not? If the answer is yes, what the boundary is? Who has the boundary of secret investigation defined? What are the relevant regulations?
Chapter 3 The Content of Criminal Defense System is to introduce the development and purpose of defense system; also, the role-play, status, and comparison of defenders worldwide including the remedy for the defense right infringement.
Chapter 4 is to discuss the development and status of defense right in the investigation in Taiwan. The defense right of the accused is deprived in the secret investigation since the judicial process is focusing on finding the truth only. It is also important to discuss the possibility of including the defense system in the investigation and upgrading the status of the defender in the investigation.
Chapter 5 Conclusion is to emphasis the point of each chapter; also, it is important to exercise the defense function under the secret investigation principle.The function of defense right in the investigation must be reinforced from the viewpoint of law and system.
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