論德國「逃避刑事程序之虞」羈押原因

Flight Risk as the Ground for Pretrial Detention in the German Law

In our criminal suit system on the “secure type detention”, concerning the process to secure the defendant, right on the spot, the type to have him or her subject to forceful measure, in accordance with the provisions of Clause 1, Item 1 of Article 101 of the criminal suit (proceedings) is limited to the fear that the defendant will flee or might flee as the ground for detention. As a matter of fact as often seen, the defendant has not fled and by improper use or stopping use of prescription drugs, etc. to fall into a state of being unable to stand trial, to escape the criminal trial and the implementation of the situation; so far it can not be regulated. This article will provide a reference to the way in which Germany deals with similar circumstance in the context of introduction of the provisions of Germany with regard to the reasons for detention “ in fear of escaping the criminal proceedings.”