英文摘要
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Recent judicial decisions regarding several well-known food safety criminal cases highlight how insufficient the current asset forfeiture system is in Taiwan. The government sought to resolve these problems by amending the parts of the Criminal Code pertaining to the regulation of asset forfeiture. Amending the substantive criminal law lead to amending the relevant procedural rules as well. The two amendments took effect on July 1st, 2016. The new criminal law essentially follows the trends set by international criminal justice standards. It focuses on the fundamental notion that criminal activities should not be profitable. Further, asset forfeiture is no longer understood as either a punishment or a rehabilitative measure but as an independent legal mechanism. The newly amended Code of Criminal Procedure includes fundamental changes to the process of asset forfeiture, which include protective measures, third party participation, and the expansion of non-conviction based confiscation. The new law focuses not only on the confiscation of the proceeds of crime but also on protecting victim's rights, especially the victim's legal claims following the crime. In order to meet these goals, the newly amended Code of Criminal Procedure's practices must go hand in hand with the substantive part of criminal law. The procedures regarding proceeds forfeiture should be seen as the cornerstone for developing justice and fairness.
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