| Summary: | 碩士 === 東吳大學 === 法律學系 === 99 === The Grand Justice Committee issued Interpretation No.654 on 23th January 2009 held Art.23(3) and Art 28 of Detention Act unconstitutional, articulating detainee being properly defended as constitutional right, which includes not only the right to meet legal counsel but to communicate freely under secret circumstances, without monitoring or supervision.
Triggered by this interpretation, on 2010, the revision of Code of Criminal Procedure involves rules in relation to meetings between detainees/defendants and the legal counsel. This thesis begins with the comparison between the revised version and academic discussions and practice in Japan.
Based on idea that whether to restrict detainee from communicate with legal counsel should balance between investigative benefits and detainee’s/suspect’s right, the thesis indicates the level of detention execution should also be taken into consideration. While monitoring should be taken by irrelevant administrators when the detention place isn’t equipped well, meetings should be allowed, with urgent and necessary reason, even if under non-office hour. Take written message for example, rule by Detention Act holds a good stance at “open but not read”.
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