The Examination and Remedy for Custody during investigation－Focus on personal liberty Protection

Autor: Jing-Fang Huang, 黃鏡芳
Rok vydání: 2008
Druh dokumentu: 學位論文 ; thesis
Popis: 96
There are many types for safeguarding People of freedom and right in Constitution, especially personal freedom is the most important foundation, and also the most important target. Taking people into custody limits the personal freedom most serious. The judicial examination proceedings of taking people into custody in the detection can divide into: First, the custodial arrest ; Second, being brought promptly before a judge; Third, the examination of jurisdiction of the court ; Fourth, the processing in jurisdictional dispute. The custodial arrest examination, the court can exam the validity, but not the necessity. Only when a prosecuter obviously violates the necessity, the court can exam the necessity for defendant’s right. Everyone arrested or detained shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time .The purpose is to avoid improper delay of proper authorities before the examination, and avoid defendant to suffer any illegal arrest detention. In principle the jurisdiction of the court is the local one. If jurisdiction of the court got mistakes, the processing pattern should soon release the defendant to the prosecutor to request again. We don’t apply “the right to a speedy trial” in the examination of the custody in the detection, and the court also fails to practice. The reason of extension the custody should be sufficient and reasonable.after the holding of the court, the defendantcan take relief procedure. The prosecutor requests to cancel the custody, the court "should" release .And the same as the stoping the custody.Finally,if the proper authorities can take exam with procedural due process,we don’t need to creat the new system
Databáze: Networked Digital Library of Theses & Dissertations
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