A Study on the Principle of Non-Disclosure of Investigations-Balancing Confidentiality of Criminal Investigation and Freedom of the Press

• Main Authors: Kai-Cheng Wang, 王凱政
• Other Authors: Hui-Fang Tsai
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/z22gpg

碩士 === 國立中興大學 === 法律學系碩士在職專班 === 105 === The principle of non-disclosure of investigation is one of the most important principles of the Code of Criminal Procedure. It’s widely known to everyone. However, there are many problems on the application of the principle, including its applicabiliy, the distinction between investigatory information and confidential information, and the standards to decide whether to disclose investigatory information. The investigatory authority obtains personal and privacy information through investigating means. It involves personal interests such as personal right of privacy, reputation and other public interests, including the principle of presumption of innocence, fair trial, information superiority of investigation, and is closely related to the freedom of press and the rights to know. The principle of the investigation undisclosed is an important issue to protect the public interests or the legitimate rights in the conflicts between the public welfare, private interests and the conflict of fundamental rights and the need to review the scope of open investigation of secrets. This article begins with the introduction of the current law in our country, and gradually clarifies the specified subject and breach of responsibility. By exploring the secret connotation, classification and focusing on the investigation of information and investigation of the secret definition, the relationship between investigating privacy and personal privacy. At the same time, introducing the freedom of the press is an institutional function that supervises the government and satisfies the people''s right to know. After reviewing the nature and function of the two, we will review whether the principle of investigation is not open to the public and the purpose of investigation procedure and criminal procedure is consistent and enumerate the advantages and disadvantages of investigating the secret and reveal the legitimacy of investigating the principle of non-disclosure. Besides, introducing the settlement mode of the conflict of basic rights and the principle of proportionality test procedure, reexamine the appropriateness and necessity of the current disclosure of secret investigation, try to find out the problem, and propose the solution and amendment proposal.