論偵查中羈押制度下被告之防禦權－以閱卷權及接見通信權為中心

• Main Authors: Liao,Huang-Ming, 廖皇銘
• Other Authors: Tseng,Shu-Yu
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/59563630248417821902

碩士 === 國防大學管理學院 === 法律學系 === 99 === As to the procedure of criminal proceedings, the investigation phase is absolutely not less important than the trial phase. That’s because most accused are not quite familiar with the law, and then are forced to face investigation proceedings of prosecutors or police institutions who have sufficient legal knowledge and practical experiences. Moreover, most accused have no capability of collecting evidences themselves, especially when they are under detention. Actually, detention is a compulsory punishment that severely violates personal freedom. Besides, with national detection goal, it will then weaken defendant's defensing potency. Under our detention system of investigation phase, defendant's defensing safeguard is still far from keeping up with international standard. Hense, this paper is going to discuss defensive rights in detention system from main body status of those accused in present lawsuit environment, including the right of access to the file and the right to attorney–client privilege. On top of that, this paper attempts to propose concrete proposal,either.