The Research of Entrapment Investigation

• Main Authors: Chi, Kun-Fa, 紀坤發
• Other Authors: Lin, Huei-Huang
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/20477653106851282358

碩士 === 國立臺北大學 === 法律學系一般生組 === 103 === Entrapment means an investigating type that investigatory apparatus urges somebody on a criminal behavior and then have the criminal arrested as flagrant delicto. It is an execution of investigating authority, not only about the prosecutors’ power of prosecutor’s ordering, because anyone can arrest flagrant delicto by law. Therefore, when the investigatory apparatus find criminal suspicion with resonable doubt, the investigation should be started right away. In terms of the investigating action of entrapment, there is no definite article which permits the entrapment or ban it. Also, based on the discretion and efficiency of investigation, and considering that entrapment is not a prosecutor’s order but a pattern of investigation. Therefore, the investigatory apparatus can make decision with much autonomy. Based on these thoughts, in case when an investigatory apparatus knows there is a suspicion of an offence having been committed, an investigation shall be begun immediately without any articles accorded. However, the exercise of Entrapment is still exist the boundaries of legality. Based upon the launch and practices must conform modesty penalty, penalty purposes, therefore, since the purpose of Entrapment is only confirm and realize the right of the penalty on the substantive law, therefore, Nation can not self-manufacturing penalty right to promote the happening of penalty punishment and deviate from the core concept of the value of the penalty modesty, and break the the proposition which existing between the substantive criminal law and procedural law. In this regard, citing the "Subjective Test" criterion, the law enforcement officials shall not instigate the people to actively produce means and then arrest of criminal penalties immediately, even though the use of non-excessive, nor appropriate means. Moreover, it must still limited to no direct victims of crime and non-use of such techniques is difficult types of cases detected it. And if in the offense Entrapment, it would not be denied to generate the Penalty Right, but departments in implementing the right of the penalty shall be rejected, therefore, should be addressed in proceedings level, and fit it under the current law approach to applying the exclusionary rule of evidence and be absolutely excluded. In addition, the better way is lawmakers still should advise the effection of Entrapment.