德國社區矯正組織與系統思維之啟示

A Brief Introduction to Community Corrections Organization and System Thinking in Germany

德國向來將犯罪者處遇概分「刑罰」及「保安處分」兩大區塊，但在近20年間，受到英美國家相關領域之影響，海洋法系的「社區矯正」概念逐漸被植入整體的保安處分概念當中，現今實務界將傳統刑罰二元的框架轉化為「司法社會服務」的概念，進而使相關制度朝向多元化、彈性化、社會化發展。特別是其組織系統及業務領域，儼已產生急遽變遷，甚至有全面民營化的可能。台灣刑事法制仿效德國模式甚篤，值此司法改革之際，自不宜獨漏相關機制的借鑒。德國社區矯正業務主軸有三大機制，組織系統有四大型態，相關規制在刑事訴訟法及刑法皆有規定，整體上相當複雜。鑑此，本文特別針對國內學術較少涉略的組織層面及其相關議題加以闡述，同時在漫談德國實務狀況良窳之餘，亦提出7項可行之借鏡途徑，期許釐清一些基本概念，俾提供當局研擬系統改良或相關法案時佐參，並朝正確之專業方向規劃。

"Germany has always divided the Criminal Treatment Model into two major areas:“Penalty”and“Security Measures”. However, in the past 20 years, because of the influence of related fields in the United Kingdom and the United States, the concept of“Community Corrections”in Common Law is gradually embedded in the overall concept of“Security Measures”. Nowadays, the practitioners have transformed the traditional dualistic framework of punishment into the concept of“Judicial Social Service”, the related systems have also developed towards diversification, flexibility and socialization. In particular, its organizational system and business areas have undergone rapid changes, and there is even the possibility of full privatization. Taiwan’s criminal legal system has always imitated the German model. On the occasion for the legal reform of Community Corrections, we certainly should not miss the reference to the relevant mechanisms in Germany. The Community Corrections business in Germany has three main mechanisms and four organizational types. Most of the provisions are in the Criminal Procedure Law and the Criminal Law, which are quite complex as a whole. This article specifically introduces the organization, and at the same time elaborates on issues that domestic scholars rarely mentioned in the past. In addition to talking about the practice situation, I also hope to clarify some basic concepts, so as to provide the authorities with reference to developing improvements or related bills in the future of accurate reference and planning."