A Study on the Privilege against Self-Incrimination and the Crime of Possessing Property without Reasonable Explanation

• Main Authors: Yen-chen Chang, 張晏晟
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/42402940224428694828

碩士 === 東吳大學 === 法律學系 === 100 === The right against self-incrimination is a universal human right admitted in every modern country. Based on this rule, all measures taken by the government should not violate the right against self-incrimination. Thus, even the goal to stop corruptive crime is extremely important to the government. All kinds of infringement of the right against self-incrimination should be forbidden during criminal investment procedure. According to the Crime of Possessing Property without Reasonable Explanation, the defendant during criminal investment procedure, are obligated to disclose information and prove the process of property increasing is reasonable. Otherwise the defendant will be accused for not fulfilling this obligation. However, this code could be seemed to violate the right against self-incrimination. This thesis refers to the current code §§ 6-1 and 10 of corruptive crime and examining these two codes with the right against self-incrimination and other important principles in criminal procedure law, such as The Presumption of Innocence. In conclusion, this thesis asserts that the right against self-incrimination can be invoked when people are under the obligation of the Crime of Possessing Property without Reasonable Explanation to disclose information, and there should be no exception even if the government has a legitimate regulatory purpose. Therefore, the current code §§ 6-1 and 10 of corruptive crime should be deleted or to restrict the application in the future.