| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 100 === The boundary and legal effect of entrapment is the main research in the essay.Writing materiels from essays and books of Taiwan and the U.S. Scholars, also from judgments in Taiwan supreme courts and the U.S. federal and states courts.
First of all, whether it is to cater to the needs of the actor or is to strengthen the intention of the actor, or even cause the intention of the actor, which are all due to the positive interventions for the occurring of criminal acts of law enforcement agencies. Therefore, these are all within the scope of "entrapment" in this essay. Second of all, entrapment has the pros and cons. It's like a double-edged thing. If the boundary of entrapment is clear, it helps to reach the goal of a rapid and precise investigation. Thus, to draw the line of the boundary and to construct the legal effects are critical issues.
Starting from the research of U.S. law, this essay includes analysis of the development of entrapment in the United States federal courts which apply the subject version of entrapment, and state courts which tend to apply the object version of entrapment, as well as opinions of American scholars and Model Penal Code that indicate that the issue of entrapment should be positioned in substantial criminal law.
Then back to the analysis of the practical operations in Taiwan, to discuss the practical views of the boundary of entrapment, which divided into 2 parts: the standard of examination for entrapment; and the legal effect of entrapment. The courts in Taiwan apply the subject version of entrapment. But the legal effect of entrapment have no consent, both substantial and procedural legal effects have it’s own supporters.The essay try to analyze the current status of entrapment in practice and the problems of entrapment which reflected from the current status in practice in Taiwan.
Finally, to consult the solutions of entrapment which derived from the U.S. in order to find out how it works in Taiwan, i.e. whether the development of entrapment in the U.S. has any value to Taiwan or not. For the purpose, first discuss the entrapment positioning. Try to figure out whether the positioning in the U.S. is appropriate as the reference to Taiwan or not. And then analyze the standard of examination for entrapment and the legal effect of entrapment. Finally concludes a examination process which is available for the practical operation.
In conclusion, entrapment should be regarded as an issue in substantial criminal law. So as for the legal effect of entrapment should apply the substantive legal effect.The entrapment out to be put into the imputability in the three-level system, and take advantage the theory of possibility of expectation. If the case belongs to entrapment, the actor has no possibility of expectation and can deter the responsibility of the act. Also, the object version of entrapment should be applied, which is used to reduction the range of the possibility of expectation, i.e. the range of entrapment. Refer to the society impression to those law enforcement officers, the court consider the whethere the law enforcement officers do something outrageous or not, in order to judge wethere the actor is beyond the possibility of expectation or not.
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