律師及被告間通訊的監察

Surveillance on Communications Between Attorneys and Clients

Communication surveillance on suspects may intrude their privacy and the right to counsel. Communication surveillance on attorneys may intrude large number of people’s rights to counsel. According to the Judicial Interpretations, the Code of Criminal Procedure, and scholars’ comments, people have the rights to freely and fully communicate with their counsels. However, the current legal framework does not properly protect such rights, allowing the law enforcement to access privileged communications. After analyzing related statutes of the United States, this article argues that the Communication Security and Surveillance Law should add provisions regarding the elements, period, execution, monitor, post notice, use, and admissibility in order to govern the surveillance on communications between attorneys and their clients. In addition, the current executive method employed by the law enforcement is not only illegal but also unconstitutional and should be abolished. Otherwise, any revision of related statute would be meaningless.