查詢結果分析
來源資料
頁籤選單縮合
題名 | 國家機關挑唆犯罪之法律效果=Legal Consequences of Entrapment |
---|---|
作者姓名(中文) | 林鈺雄; | 書刊名 | 國立臺灣大學法學論叢 |
卷期 | 35:1 民95.01 |
頁次 | 頁1-45 |
分類號 | 587.165 |
關鍵詞 | 犯罪挑唆; 陷害教唆; 誘捕偵查; 誘陷抗辯; 證據禁止; 訴訟障礙事由; 個人刑罰排除事由; Entrapment defense; Agent provocateur; Exclusion of evidence; Personal cause for exclusion of punishment; |
語文 | 中文(Chinese) |
英文摘要 | In recent years, the problem of entrapment defense has become an important issue crossing legal systems and national boundaries. This article starts from the discussion about the scope of entrapment defense, and analyses four levels of examination in cases. At first, we have to examine the question whether the conduct at issue involves any kind of ”instigation” or ”provocation”. Then we have to distinguish entrapment ”by government agents” (law enforcement officers or their agents) from other cases. If the accused is induced or persuaded by government agents to commit the crime, the third level of examination would be important: whether the entrapment at issue can attain to the degree of ”violation of law”. However, the crucial question for a final judgement is what kind of ”legal consequences” in cases caused by illegal entrapment of government agents. With regard to legal effects, this article analyses doctrines and judgements of some selected countries and decisions of the European Court of Human Rights. For discussion, these relevant opinions are divided into two dimensions-substantive and procedural law. After a detailed review of all the theories, this paper comes to the conclusion that the approach of ”personal cause for exclusion of punishment” based on preventive perspective is the best and the most adequate choice for our country. |
本系統之摘要資訊系依該期刊論文摘要之資訊為主。