從釋憲實務探討刑事補償法之修法動態

CCUR > College of Law > Department of Law & Graduate Institute of Law > academic journal > Item 987654321/52562

Please use this identifier to cite or link to this item: https://irlib.pccu.edu.tw/handle/987654321/52562

Title:	從釋憲實務探討刑事補償法之修法動態 A Study on the Amendment to the Criminal Compensation Law by Means of Constitutional Interpretations
Authors:	陸敏清(Lu, Ming-Chin)
Contributors:	法律學系
Keywords:	冤獄錯案刑事補償法社會正義社會復歸社會補償 Miscarriage of Justice/Wrongful Conviction Criminal Compensation Act Social Justice Social Rehabilitation Social compensation
Date:	2022-12-01
Issue Date:	2023-06-20 14:45:33 (UTC+8)
Abstract:	冤獄錯案之發生往往造成無辜受害者須承擔旁人所無法體會之不白之冤，對此，法治國家除應盡可能避免之，對於現實上出現之冤獄錯案，如何協助無辜受害者平反並提供其必要支持或服務？無疑更為重要課題。對於因實現國家刑罰權之公益目的，導致個人承受逾越一般所應容忍程度之特別犧牲時，應賦予其依法請求補償之權利，此部分經司法院釋字第670號解釋闡述，目前透過修正刑事補償法之方式加以回應。不過，為能填補無辜受害者所受損失，並使其得以重拾生活，甚至是為社會貢獻心力，除給與金錢補償外，補償項目有必要納入「社會復歸」之思考，並斟酌身心健康、就業等方面所需之協助。循此，本文試圖從前開釋憲實務見解出發，觀察大法官對於刑事補償法制之立場，並於此等脈絡下檢視刑事補償法以及目前提出之修正草案版本，同時就其相關規定提出具體建議，冀能完備無辜受害者之補償法制。 Wrongful convictions have great negative impacts on the victims and their family members physically, mentally, and financially. If they were ultimately punished by non-prosecution or acquitted, they should not bear all the responsibilities. Sadly, wrongful convictions often cause innocent victims to suffer damage that is difficult to recover. Wrongful conviction or imprisonment should be avoided altogether. Meanwhile, when it happens, it is necessary to assist victims to rehabilitate and provide them with necessary assistance. For anyone whose specific physical freedom subject to legitimate restrictions by the public authority and for public interest has exceeded the degree that should be endured by people under ordinary condition and constitute special personal sacrifice, there shall be the right to petition for reasonable indemnification. It means that if people need to tolerate more than others should endure because of wrongful convictions, the state should provide corresponding compensation. Regarding this part of the discussion, it has been explained by the Interpretation of No. 670 by Judicial Yuan, and the Criminal Compensation Law has been formulated to respond to it. Innocent victims are not only the subject of special sacrifices because of the public interest, but also suffered by the dangerous situation which created by the state. To exonerate the special sacrifices suffered by victims, in addition to providing cash compensation to victims, criminal compensation should accept the concept of "social rehabilitation" and develop different supporting mechanisms for those who suffered miscarriage of justice or wrongful conviction, including the areas related to economic safety, health and employment, their families included. This article tries to review the rationale of the Criminal Compensation Law based on the interpretation No. 670 of the Judicial Yuan, and to investigate the relevant provisions and the current draft amendments. Under this context, this article evacuates the inadequacies of the current legal system and composes concrete suggestion for the revision of the Criminal Compensation Law, including compensation for wrongly convicted parties and their needs in terms of work, economic security etc. This article hopes to modulate a more complete legal system of compensation for innocent victims.
Relation:	華岡法粹； 73期 (2022 / 12 / 01) ， P93 - 138
Appears in Collections:	[Department of Law & Graduate Institute of Law ] academic journal

Files in This Item:

File	Description	Size	Format
index.html		0Kb	HTML	195	View/Open

View Licence

Loading...