A Study of the Criminal Felony Detention

• Main Authors: KUO,YING-CHENG, 郭盈呈
• Other Authors: ZENG, SHU-YU
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/2hqd2z

碩士 === 國立臺北大學 === 法律學系一般生組 === 106 === Court Interpretation No. 665 Interpretation For the Code of Criminal Procedure article 101, paragraph 1, paragraph 3, there are new reasons for the escape or the risk of extinction. As for the fact that the custodial of felony is a constitutional interpretation, this measure not only failed to solve the previous disputes over felony custody, but also added many new problems. Therefore, the purpose of this paper is to study the criminal felony detention arising from the custody of felony crimes and to analyze the necessity of the existence of criminal felony detention. In order to finding out whether there is any dispute about the felony custody and the existence of criminal felony detention, this article attempts to find many documents, including domestic scholar articles, relevant laws and regulations in foreign countries and domestic practical opinions, so as to fully understand the felony crime custody in the country and foreign countries. In this way we can fully analyze the answer to the criminal felony detention dispute and whether it is necessary or not. Therefore, the research methods of this paper are literature analysis and adjudication analysis. This article first describes the relationship between the felony custody and basic rights; the basic principles, and then discusses the fights of criminal felony detention. These include: whether the criminal felony detention is a requirement for general detention; whether preventive detention is felony crime; criminal felony detention is prosecuted the law or the applicable law of the court shall prevail and substitute for the punishment of felony detention. Any dispute that arises will affect whether to remove the felony custody. Finally, based on the operation of some controversies and practices, this article attempts to propose amending the law for the criminal felony detention.