A Study on Obtaining Financial Records with "Subpoena Duces Tecum" in Criminal Procedure

• Main Authors: CHIANG,HAO-YU, 江鎬佑
• Other Authors: LI,RONG-GENG
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/d7pa98

碩士 === 國立臺北大學 === 法律學系一般生組 === 107 === This essay mainly tries to deal with and explore the following three issues: First, the personal information related to the financial accounts shall be part of the protection of privacy; second, obtaining records related to financial accounts with a Subpoena Duces Tecum violates individual's right to privacy; third, how to solve the said issues? This essay will first clarify and define the right to privacy from the perspective of theorization and practice, figure out the proper regulatory density over the transaction records of financial accounts, and explain the effective regulations related to obtaining record with a Subpoena Duces Tecum. Moreover, this essay studies the judgements of the Federal Court and the Right to Financial Privacy Act of the United States to find out the normative defects and lacks under the current laws, regulations and practices related to obtaining financial records with a Subpoena Duces Tecum. Last but not least, this essay tries to clarify the insufficient interpretations and operations under the current practices, then further provide a design of procedures to make up the deficiency of the current laws and regulations in the near future.