我國近年犯罪狀況趨勢分析與政策觀察

Recent Analysis on Crime Trends and Observations on Policy Development in Taiwan

近年，我國無論是犯罪防治亦或是刑事政策領域，於制度、執行與社會趨勢上皆有相當變化，對此，本文嘗試以法務部司法官學院編寫之「107年犯罪狀況及其分析」專書之犯罪數據為主軸，進行論述，其中，於警察機關調查階段，涉及公共危險犯罪、詐欺犯罪之加強查緝與防制；於檢察機關偵查階段，涉及性騷擾犯罪之偵查終結態樣、沒收新制之執行情狀；於矯正與社區處遇階段，涉及假釋制度精進、再犯狀況觀察與社區處遇履行程度之檢視；同時，本文亦以整體犯罪處理之角度，從數據分析探討高齡犯罪、毒品犯罪與網路犯罪之多階段犯罪處理趨勢與相關問題；以少年事件法的角度，探討少年虞犯修法概念與修法前之虞犯類別分布，以及詐欺罪少年事件於機構性處遇趨勢下的問題分析；另外，自刑事政策的角度，以107年5月、6月為大數據觀察核心，討論民眾對殺人、分屍案件頻傳印象和死刑聲量間的關聯性，及政府機關應如何積極促進民眾與媒體對犯罪案件的多元、理性思考。最後，本文綜合前述多項議題臚列研究建議，期能在制度與政策多所變革的當代社會，尋找具體之犯罪防治與刑事法議題策進方向。

In terms of crime prevention and criminal policy, their relevant regimes, enforcement and social trends have changed considerably over recent years. This paper illustrates these changes based on crime statistics presented in the “2018 Crime Situations and Analyses”, which was published by the Academy for the Judiciary, Ministry of Justice. Focal points in this paper vary depending on the stage of a criminal case: 1) detection and prevention of offenses against public safety and fraud related offenses during the stage of investigation conducted by police agencies; 2) investigation outcomes of sexual harassment and implementation of the new confiscation regime during the stage of investigations led by prosecutors; 3) improvement of the parole system, observations on criminal reoffending, and the level of performing community-based treatment during the stage of correctional measures and community-based treatment. Furthermore, there are other key topics also addressed in the paper, including: 1) data analysis on elderly offenders, drug offenses, and cybercrimes from an overall perspective of criminal disposition; 2) draft provisions associated with at-risk juveniles and distribution of various at-risk juveniles prior to the amendments of the Juvenile Delinquency Act , as well as an analysis on issues concerning juveniles with fraud convictions in the context of increasing institutional treatment; 3) discussions from the angle of criminal policies to explore the relationship between public perceptions of more high-profile homicide and criminal dismemberment cases and the level of support for capital punishment. The data collected from May to June in 2018 constitutes an essential part of the big data used to assess this relationship. In addition, the role of the government in promoting diverse and rational thinking in the public and media around criminal cases is also covered in this section. Finally, this paper summaries the above issues and proposes detailed recommendations with the aim of seeking clear future direction on crime prevention and criminal law-related issues in a contemporary society where most relevant regimes and policies have changed.