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  • Interpretation
  • No.233
  • Date
  • 1988/12/09
  • Issue
    • Does Article 108, Paragraph 1, of the Code of Criminal Procedure regarding the court’s decree for extending detention contradict Article 8 of the Constitution?
  • Holding
    •        Article 108, Paragraph 1, of the Code of Criminal Procedure regarding the court’s decree for extending detention does not contradict Article 8 of the Constitution.
  • Reasoning
    •        The first sentence part of Article 8, Paragraph 1, of the Constitution clearly states that Personal freedom shall be guaranteed to the people. Except in case of flagrante delicto as provided by law, no person shall be arrested or detained otherwise than by a judicial or a police organ in accordance with the procedure prescribed by law.  In respect of the person detained by the court under suspicion of having committed a crime, to compel the persons executing detention under the law to deal carefully with the matter, Article 108, Paragraph 1, of the Code of Criminal Procedure describes a restriction on the duration of detention.  For the thorough fulfillment of the intention of the article of the Constitution mentioned above, this provision allows the court to extend a detention through a decree before the expiration of the duration of detention where it is necessary to further detain the suspect.  Article 8, Paragraph 2, of the Constitution regards only the case of arrest and detention executed by the authorities other than the courts, but excludes the situation where the court extends a detention through a decree.  Therefore, the detention executed by the courts will not incur the question of written notice and wherefore petition for a trial.  However, to protect the personal freedom completely, the decree for extending detention issued by the courts shall, according to the related provisions of the Code of Criminal Procedure , render the accused informed in due time.
      
    • *Translated by Ching P. Shih
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