A Study on the Compulsory Measures of Body Intrusion

• Main Authors: Chen-Fan Su, 蘇辰帆
• Other Authors: Robert Lih-Torng Chen,Ph.D
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/98569319500820132998

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 99 === Abstract “Technology gives wings to investigation, while wisdom is still the soul of investigation.” Technological advancement has made human life more convenient. Advanced scientific techniques have also been applied to crime investigation, so that the investigation of crimes can be faster, more efficient, and more precise, becoming a more accurate tool for catching the right criminals. Actions that extract evidence through physically invasive measures can generally reveal crimes due to the advancement of scientific techniques, and are therefore increasingly important in criminal legal action. However, the administration of enforced physically invasive treatment may also cause harm to basic rights of the people. Thus, the purpose of discussion in this paper is to compare regulations on physically invasive enforcement with foreign legislated systems and controversies, in order to derive the conclusion that can best protect basic rights of citizens, so that the regulations and operations of Taiwanese criminal litigation law or special acts can conform to the requirements of legislative trends in the world, as well as protect the procedural rights of the people and protect their basic rights. Thus, this study collects academic discourse, and refers to legislative examples from countries with systems similar to Taiwan to provide visionary suggestions for the direction of legislative amendments in hopes of restoring the judicial reputation. This study also establishes a unified viewpoint and practical operations for implementation of physically invasive enforcement measures, which realizes the spirit of fairness and justice in criminal procedure in serving as a reference for future legislators. Finally, it is hoped that the main points in the discussion of this paper can allow those interested in researching regulations on physically invasive enforcement to gain comprehensive understanding in the shortest time, and in turn provide more in-depth research results.