In the end of 2015, the legislative yuan of Taiwan reformed the criminal confiscatory system in a significant way. The core idea of the new provision is to abolish the quality of subordinate
sentence of criminal confiscation and make it an independent effect different from penalty and rehabilitative measure. The most important reforms are types the confiscation of criminal benefits a balanced measure quasi-unjustified enrichment, adds provisions about confiscating criminal incomes of third-party, and judges can announce confiscation independently, which are based on the spirit of depriving criminal benefits as far as possible. Besides, legislators also proclaimed the retroactive effect of the new provision. Nevertheless, this article will point out that the new provision promotes the modernization of
criminal confiscatory system, but in some places violates the constitutional law.
| Identifer | oai:union.ndltd.org:DRESDEN/oai:qucosa:de:qucosa:33906 |
| Date | 03 May 2019 |
| Creators | Hsueh, Chih-Jen |
| Publisher | Universität Leipzig, University of Miami |
| Source Sets | Hochschulschriftenserver (HSSS) der SLUB Dresden |
| Language | English |
| Detected Language | English |
| Type | info:eu-repo/semantics/acceptedVersion, doc-type:article, info:eu-repo/semantics/article, doc-type:Text |
| Rights | info:eu-repo/semantics/openAccess |
| Relation | urn:nbn:de:bsz:15-qucosa2-339003, qucosa:33900 |
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