An Empirical Study of Problems Related to the Possibility of Correction – Homicide Cases of all Levels of the Court in Taiwan.

• Main Authors: LIN, YI-CHUN, 林怡君
• Other Authors: CHEN,TZU-HSING
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/pc4wv4

碩士 === 國立中正大學 === 犯罪防治碩士在職專班 === 107 === In recent years, the standard of whether the defendant was sentenced to death or not in the homicide case, was often imposed on the grounds that the defendant had the possibility of correction. However, nearly 80% the people in Taiwan are still opposed to the abolition of the death penalty, how to get the balance between protecting the right of the defendant’s life and maintaining the death penalty in the public opinion, it’s not simply to judge that the defendant had the possibility of correction. The study focuses on the specific sentencing standard of the judge in the homicide case, and uses the keyword on “the possibility of correction” to search homicide cases of all levels of the court in Taiwan. At first, it was induced and gathered statistics on the legal sentencing factor in Article 57 of the Criminal Law and the illegal sentencing factor. Furthermore, it was chosen the representative cases to analyze these sentences of the criminal facts, the judgments and contents of all levels of court, and the specific sentencing standard. The study found: At present, there is no consistent and specific standard for the sentencing in the homicide case of all levels of the court in Taiwan. Moreover, the results of the identification of professional institutions or summon to the appraisers stand witness with a deposition that determine whether the defendant was had the possibility of correction or not. Further, the difference of the sentence of the defendant is displayed. Finally, the judges didn’t make overall consideration on the legal sentencing factor in Article 57 of the Criminal Law and the illegal sentencing factor. After analyzing the findings and related literature, the study suggests: to complete the sentencing system of homicide cases in criminal, the results of the identification of professional institutions are limited to the sentencing reference, to establish a sentencing investigation office, to implement the religious and complete the legal procedure, to introduce a restorative justice system and “the possibility of correction” can’t be the sentencing factor of whether to decide the defendant’s death penalty.