A Study of the Regulation of Escorting Crime Victims to the Investigation - Focusing on the Domestic Violence Cases
|關鍵字:||家庭暴力防治法;家庭暴力;犯罪被害人;陪同偵訊;刑事訴訟法第二百四十八條之一;Domestic Violence Prevention Act;Domestic Violence;Crime Victims;Escorting to the Investigation;Article 248-1 of the Code of Criminal Procedure|
Compare to the crime victims, Taiwan’s traditional justice system focused on the role of “defendants” and the protection of defendants’ human rights in the past for a long time, and made most of the crime victims who were not able to be one of the party of criminal procedure merely became “evidences” in the court. Among all types of crime victims, the status of victim of domestic violence is much lower because of the traditional concept of familism. For the concept, the justice system believed that domestic violence issues belonged to private sphere and the legal system shouldn’t step in it. Taiwan incorporated the first Domestic Violence Prevention Act in Asia in 1998. The Act has been incorporated to prevent domestic violence and to protect the interests of the victim of domestic violence by emphasizing the strategies of intervention of public authority and the criminalization of domestic violence. In the meantime, the justice system also officially became one of member of the domestic violence prevention network. Although there has been many discussions regarding the related issues of escorting victims of domestic violence to the court hearing, few is centered on the issue of escorting victims to the investigation due to the detection not public principle. Since domestic violence is a violent confrontation between “family members”, it is essentially different from other ordinary violent crime cases. For the reason that the victims of domestic violence are easily to get secondary victimization in the criminal procedure, escorting service is especially needed for them. Furthermore, investigation procedure is often the first procedure that the victims have to attend in the court, and is also the key of the criminal prosecution. This thesis will first analyze the specialty of the domestic violence and its victims, the legal system’s responses to the domestic violence, and the relevant regulations of escorting crime victims to the investigation. Next, this thesis will conduct an in-depth interview of qualitative method with practitioners to find out the execution situation of escorting system, the functions that the system has and should have, and the difficulties that the practitioners are facing now in domestic violence cases. Hoping that this study could make a clear suggestion for further law amending, and ensuring the victims of domestic violence could all get appropriate protection in the investigation procedure in the future.
|Appears in Collections:||Thesis|
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