A Study on Controlled Delivery of Cross-border Drug Crimes Investigation Mechanism-Focusing on Taiwan

• Main Author: 李易容
• Other Authors: 林文貴
• Format: Others
• Language: zh-TW
• Published: 1060
• Online Access: http://ndltd.ncl.edu.tw/handle/60511235586128457351

碩士 === 中央警察大學 === 刑事警察研究所 === 105 === In view of the fact that major drug-related crimes are often characterized by transnational, syndical and technological features, which greatly increase the difficulty of criminal investigation, it is very difficult to effectively combat and prevent the proliferation of drugs without international cooperation and using special investigative methods. For the reason, the United Nations Office on Drugs and Crime; UNODC promulgated United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, and it expressly provides the article “Controlled Delivery”, which clearly encourages States to use this special method to conduct international cooperation. However, in Taiwan the article 32-1 of Against Narcotics Act, which conferred the article of Controlled Delivery form 2004, is obviously less mature and unfamiliar compared with the Japanese anesthetic special law and the Criminal Procedure Law. In the fact that our country is not the party to the Convention and due to our special political and economic factors, we must have a number of impacts in the investigation of cross-border drug-related crimes. In the literature part of this paper, we discuss the concept of "Controlled Delivery", the awareness of the problem between our law and practice, and the comparison of other investigative techniques. We hope to have a better understanding of the situation of this special investigative technique in our country. This paper also interviewed the representative law-executor of the cross-border drug-related crimes to understand the investigative behaviors, difficulties, suggestions and the situation of the application of "Controlled Delivery" in our country. At the conclusion part of this paper, we focus on proposing the recommendations on the practical investigation of such cases, and the references for the future upgrading of our law for Controlled Delivery.