The study on the Illegal Fund-Raising of The Banking Act of The Republic of China –Also on Joint Confiscation
碩士 === 東吳大學 === 法律學系 === 104 === Illegal Fund-Raising(" Accept Deposit") of The Banking Act of The Banking Act of The Republic of China is an important crime in the economic area of criminal law. The proceeds of crime is a basis for sentencing, just like Insider Trading Crime. Due to the h...
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| Format: | Others |
| Language: | zh-TW |
| Published: |
2016
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| Online Access: | http://ndltd.ncl.edu.tw/handle/2sf427 |
| Summary: | 碩士 === 東吳大學 === 法律學系 === 104 === Illegal Fund-Raising(" Accept Deposit") of The Banking Act of The Banking Act of The Republic of China is an important crime in the economic area of criminal law. The proceeds of crime is a basis for sentencing, just like Insider Trading Crime. Due to the huge amount of money involved compared to other crimes in general , it has its own particularity.
Because of its high degree of punishment and a huge amount of forfeiture of the situation, there are many problems in practice..such as how to differentiate between Fraud and Illegal Fund-Raising? Is proceeds of crime basis of sentencing against Constitution of the Republic of China (Taiwan)? How to calculate proceeds of crime from joint defendants? How to confiscation of property from joint defendants?
Although some judgments of the Supreme Court have been written, there is still a room. . This study is aimed to reveal current practical difficulties in meaning as well as expected to have an influent on the rights of action takers from the relevant theoretical and practical ideas The major purpose of this paper is about looking forward to resolving the issues in the amendment which can be helpful in the practiced ways.
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