The Legal Regime of the Drug Crime Investigation on the Controlled Delivery in Taiwan.

• Main Authors: Hui Hsiung Wu, 吳輝雄
• Other Authors: Robert Lih-Torng Chen
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/12500720709272918226

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 97 === The significant drug-related crime often belongs to transnational, occult, and organized crime. We can not attack and prevent it efficiently without international cooperation and specific investigation skills. “United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 ” had been signed up by “ United Nations Office on Drugs and crime ; UNODC ”. The treaty had concluded “ Controlled Delivery ” which was a specific investigation article and urged to use it under certain conditions. With the cooperation between nations, cross-border activities of drug organizations could be cracked down at the same time in each country and bust transnational drug trafficking organization, and suppressed international drug trafficking activities efficiently. In Taiwan, “Controlled Delivery” based on Control of Narcotics Rule 1st 32nd had been brought into enforcement in recent years . It is essentially suspended arrest and detainment. This new type of investigation skill often come with other compulsive treatments. During the process of “Controlled Delivery” , illicit goods like drugs can be “replaced ” (Innocent Controlled Delivery) , and it is totally not “independent”. This series of investigation actions are called “Controlled Delivery”. Therefore, “Controlled Delivery” prefers to be called an investigation technique rather than a compulsive treatment. In other words, this new type of investigation skill is more appropriately called “special investigation strategy”. In practicality, “Controlled Delivery” is temporarily doing no arrestment, searching and detainment . The goods are replaced at applicable time or transported by disguised deliverers and then arrest the members of criminal gangsters all together. The series of investigation movement can not be independent. In this thesis, it mainly discussed the specific investigation skill - “Controlled Delivery”’s development and practice in the international conventions and the situation of practical enforcement and legal system in Taiwan. It spotlighted on discussing the criminal process law and the criminal law. Moreover, the thesis brought up the present difficulties in practice and presented some suggestions and advice to be helpful in drawing up the anti-drugs law and provided the drug enforcement personnel some references.