以3R理論談假釋之社會復歸本質與司法審查

Comments on the Nature of Parolee's Rehabilitation and the Necessity by Judge Reserved in View of the 3Rs Theory

假釋提供受刑人結構化、支持及監督並重的轉折，俾使其從監獄回歸社 區得以順利適應及調整，而非刑期屆滿後在缺乏監督或支持之情況直接返回 一般社會。假釋制度係基於再犯預防的概念支持假釋人重返社區更生，為兼 顧假釋人之再社會化及再犯預防，彼等在假釋中將受到觀護人基於降低再犯 風險所為之監督及保護社區之各項措施，故其宗旨乃是促進社會安全。假釋 規則及實務以降低社區風險的方式管理犯罪者，在國際間發展儼已逾百年， 然而有關假釋之立論學說及其考核要件，僅是司法系統基於人文科學與政治 推理的論述，甚至是一時的輿論效應。我國假釋法規自 1994 年以來歷經多 次修正，始終聚焦在徒刑執行法定期間的伸縮，並未真正透過科學驗證其存 在的價值與本質目的達成之程度。故假釋之審查條件及過程究應交由司法行 政部門或法官裁量？並無應然不可之論斷。緣此，本文從 20 年來的假釋實 況揭露過去理論的盲點，並以 3R 理論說明假釋本質的社會性及司法性，再 透過實證研究結果印證 3R 理論呈現之真實樣貌，強調合理的假釋制度洵應 朝向司法審查修正，以均衡社會復歸與社會防衛之目的。

Parole provides inmates with a structured, supported and supervised transition so that they can adjust and adapt from prison into community smoothly, rather than returning straight to the general society at the end of their sentence without supervision or support. The parole system is based on the concept of recidivism prevention to support the parolee to return to the community. In order to balance the re-socialization of the parolee and to prevent recidivism, the parolee will be monitored toward rehabilitation by the probation officer. Moreover, they should subject to various measures what are designed to minimize their risk of reoffending, to protect the community on parole period. Thus, the main purpose of the parole system is to promote society safety. The principles and practices of the parole system manage offenders in a way that reduces community risk and have been developed internationally for over a century. However, the theory of parole and its assessment requirements are just the discussion of the judicial system based on humanities and political reasoning, and even are just the temporary effects of public opinion. The parole regulations in Taiwan have been amended several times since 1994 and have always focused on the extension or shortening of the statutory period of imprisonment. Obviously, the existent value of parole and its extent of essential purpose have not verified by science. The Parole Review whether should be submitted to Judge or administrative department have not a conclusion, so we should not make a sweeping generalizations yet. In this article, the author exposes the blindness of the past theories of the parole system through the 20 years of implementation status, and verifies the truthfulness of statements of the 3Rs theory with the results of researches, and use the 3Rs theory to explain the social and judicial characteristic of parole, and advocates the parole system should be revised towards judicial review. Finally, the author emphasizes that a reasonable parole system should be revised toward judicial review to balance the purpose of socialre-integration and social defense.