Departmental Bulletin Paper 台湾の取調べ法制運用の動向と展望
Progress and Prospects for Taiwanese Criminal Procedure Relating to Interrogation

林, 裕順

15 ( 2 )  , pp.91 - 108 , 2016-07-10 , 一橋大学大学院法学研究科
The current criminal procedure of the rules and regulations for interrogation or obtaining confessions by Taiwanese investigating agencies include: informing suspects of their right to remain silent, the presence of one’s attorney, interrogation being forbidden at night and the necessity of taping or video-recording interrogations. These regulations are formulated and adjusted, according to the occurrence of social incidents; however, they can be found in many different chapters or provisions, and they originate from different legislative arguments and a lack of consistent logic. In this article, some significant Taiwanese decisions regarding protecting the right to silence, and the blind spots of related regulations for interrogation in Taiwan, are discussed with the intention of encouraging a thorough and systematic re-appraisal of these regulations.

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