The Study on illegal Interception of Communications and Prohibition of Evidence—Focus on the Review from Types of Violation of Statutory Requirements

• Main Authors: Chu,Chih- Ping, 朱志平
• Other Authors: Yang,Yun-hua
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/72587617117022974188

碩士 === 國防大學管理學院 === 法律學系 === 98 === In 2007 the "Communications Protection And Surveillance Law" was amended, are derived from related Criminal Evidence Act on the issue must be resolved. In this regard, this article is from statutory requirements of the Communication Surveillance, and from various types of volation of statutory requirements to review the Admissibility of Evidence. First of all, discuss the constitutional and legal restrictions on the elements to be observed. At the same time, the introduction of the German Code of Criminal Procedure regulate telecommunications surveillance in order to learn as our Law. Secondly, through the discuss of Prohibition of Evidence theories to understand the the develpoment trends of theories and practices. Furthermore, integrate the Criminal Evidence Act system of norms, try to establish a judge of the review process illegal Wiretapping. According above to discuss the Admissibility of Evidence from various types of violation of statutory requirements. In addition, for the sake of completeness, this article will be extended to the legal issues from Wiretapping beyond the purpose. Finally, integrate forward research results, to make some opinions as a conclusion.