Analysis and Feasibility of the Criminalization of "Illicit Wealth"

• Main Authors: Shiang-Yu Chen, 陳相宇
• Other Authors: 余振華
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/n4296z

碩士 === 中央警察大學 === 法律學研究所 === 106 === Due to the fact that it is difficult to prove the case of a corruption offense, the re-lationship between the price is difficult to prove. Therefore, ROC legislature in the crime of corruption regulations to add Article 6-1 civil service property crime of “Illicit Wealth”. In order to prosecutors in the investigation of corruption cases, not because of the burden of evidence on the difficult cause of corruption is difficult to prosecute the country. While giving civil servants a certain obligation to explain their own sources of property, but the legislative model tends to punish directly civil serv-ants for violating their obligations. At the same time, it may also bring the principle of non-self-incrimination, the presumption of innocence and the defendant's right to ex-ercise their right of silence. It may also result in the prosecutorial agencies investigat-ing such cases, the survey on the facts of corruption is negative in attitude, and the anti-trend focuses on investigating the crime of unidentified property sources in order to evade the burden of proof.