Participation of Third Persons in Criminal Proceedings concerning Confiscation of Illegal Proceeds
| Autor: | Ting-Yi Chu, 朱庭儀 |
|---|---|
| Rok vydání: | 2017 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 106 From 1st July 2016 onwards, regulations concerning confiscation of illegal proceeds in Criminal Code and The Code of Criminal Procedure in Taiwan were applied, which heralded a brand new epoch in Taiwan as confiscation as an issue had fallen into a state of neglect over the bygone decades. These new regulations, in the perspective of substantive law, focus on the deprivation of illegal proceeds, and also in the aspect of procedural law, establish several complementary measures including seizure, provisional attachment, return-to-the-victim provision, independent confiscation proceedings, etc. Apart from the provisions above, ‘the participation of the third persons’, which this study is all about, constitutes one of the major portions of the above-mentioned amendment to law. The ‘participation’, in brief, functions as the procedural due process, helping the confiscation serve its purpose: the constitutional deprivation of the proceeds derived from criminal activities and the nullification of the motivation behind committing a crime. This study begins with the introduction of the ‘participation’ in the confiscation proceedings in Germany, which is the model for the related regulations in Taiwan; on this basis, the ‘participation’ in Taiwan is discussed next, including its formulated structure and precisely how it is supposed to be applied. With this comparative macro-approach, it is hoped that the interpretation of the relating regulations in Taiwan would not go awry with only literal translation due to the lack of comprehensive understanding from the original model, and therefore would not impede the confiscation. In the study, there are 4 issues that are especially worthy of notice in Taiwan: (1) Who can be the one participating, (2) the justification for the representatives to still represent their company as the participant while they are already defendants in the relating cases, (3) the possibility that the participants get a court-appointed representative, and (4) the deviation from the spirit of causing no undue delay in the proceedings, which especially can be a problem in the summary procedure, the bargaining process, and the subsequent proceedings, in which the previous confiscation order may be revoked. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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