| Summary: | 碩士 === 世新大學 === 法律學研究所(含碩專班) === 105 === SUMMARY
Detention is the restriction of suspect or the judgment and execution of defendant. By view of criminal prosecution, it can make the suspect a prisoner to disconnect with outside, also make sure that the suspect can participate in the whole procedure. According to J.Y. Interpretation No. 392, the detention is defined as a secure measure of the procedure. Only when the manner of conditional release is not able to reach the same object of detention will the court make it commenced. Also, this is a compulsory punishment to restrict the freedom of suspect or defendant in places like the detention center. This article aims to clarify the concept of detention by taking this manner of criminal investigation or preventive proceeding as a research object. Moreover, by the comparison and introduction of different replaced measures of detention, we can understand clearly about its concept and more follow-up controversy. Besides, by focusing on the practical example of detention, it leads to how to make decision of the detention or not and how to take other replaced measures in situation of the restriction of freedom by the public power. Also, by the analysis of interpretation of the Justices Council, judgment of the Supreme Court among 3 years and practical examples of detention, we hope to propose corresponding and perfect suggestions to law-related problems of the detention system and its type of replaced measures in Taiwan.
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