| Summary: | 碩士 === 東吳大學 === 人權碩士學位學程 === 103 === The right to hold Assemblies and Parades are protected under the Constitution, legal system and international conventions. They are important activities that allow citizens to fight for political freedom and participate in public dialogue, while ensuring democratic systems are kept in place. However, citizens might occasionally violate certain laws while exercising their right to hold Assemblies and Parades, with the resulting issuance of dismissal orders and arrests often leading to the disintegration of the ongoing Assembly and Parade. The subsequent criminal prosecutions also cause immense stress to the participants of these Assemblies and Parades, negatively impacting the momentum of these movements.
After the implementation of the Act to Implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights on 10th December 2009, the dealing of criminal cases related to Assemblies and Parades have seemingly shifted from putting responsibility on the mastermind (according to Article 29 of the Assembly and Parade Act) to broadly targeting individual organizers and participants, either through criminal prosecutions or penalizing them based on the Social Order Maintenance Act. This has important implications on organizers and participants of Assemblies and Parades in their understanding of the relevant laws, and how they conduct criminal risk management.
Through a risk management perspective, this paper looks at the forms of Assemblies and Parades, participants of Assemblies and Parades, and discourses on commonly infringed criminal substantive and procedural laws. The criminal risk that organizers and participants might potentially face in the preparation, execution and aftermath of Assemblies and Parades will also be discussed, together with the risk management plan associated with each respective stage of Assemblies and Parades.
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