The Conflict and Reconciliation Factors between Exchange of Information and Intelligence and Mutual Legal Assistance-Centered on Enacting Legal Assistance Execution Law
|關鍵字:||打擊跨國犯罪;情資交換;犯罪調查互助;國際刑事偵查及執行互助法;combating transnational crimes;exchange of Information and intelligence;police assistance;Draft of International Criminal Investigation and Legal Assistance Execution Law|
This article points out that the successful cooperation between National Police Agency and world-wide law enforcement agencies has been a great model. However, Ministry of Justice, the competent legislative authority, considered such international cooperation should be standing on the legal basis. That is to enact an applicable law to regulate “International Legal Assistance in Criminal Matters” and “Exchange of Information and Intelligence”. The “Draft of International Criminal Investigation and Legal Assistance Execution Law” is consequently established. This draft especially subsumes regulations on “Exchange of Information and Intelligence”, which would also bring “Police Assistance”, such as international criminal investigation cooperation, exchange of criminal information and intelligence etc., directly into regulation. This article suggests that the concepts of “legal assistance” and “police assistance” in its substantial conflict and legal divergence can be adjusted and coordinated in light of enforcing the law and upholding the core value of “instant and real time” information exchange by police authority. It also provides essential and beneficial legal suggestions concerning anti-transnational crimes of police cooperation in the draft.
|Appears in Collections:||Thesis|
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