| 摘要註: |
人身自由應予保障,尤其身體活動自由更是憲法基本權核心價值,受刑人雖犯罪被剝奪自由收容於監獄,但對其人身自由的基本權保障與一般社會大眾,不應有任何差別待遇。監獄對受刑人身體管束種類:有依監獄行刑規定,施用腳鐐、手銬、聯鎖及捕繩等戒具及收容於鎮靜室;有依行政執行法之規定,固定於拘束台或保護床。兩者之施用時機皆為受刑人有脫逃、自殺、暴行或其他擾亂秩序行為之虞,且都是對受刑人之保護措施、避免緊急危難及維持公共秩序而不是處罰,因受刑人違背紀律之處罰,監獄行刑法另有訓誡、停止接見、強制勞動、停止購物、減少勞作金及停止戶外活動等規定。固定於拘束台或保護床之施用期間有24小時之限制;但施用腳鐐、手銬、聯鎖及捕繩等戒具及收容於鎮靜室之施用期間以七日為限,必要時得延長之,延長次數亦無限制,不僅有違「即時強制」,人之管束二十四小時期間的限制,對受刑人身體活動自由,亦構成莫大戕害。本研究重點,將探討監獄對受刑人施用戒具之身體管束,適用行政執行「即時強制」之可行性研究。 For the reason of Constitutional right, it is the basic core values the personal freedom should be guaranteed, especially physically restraining people. Inmates in prisons are deprived of their liberty is accommodated in prisons, but compare the guarantee of the basic rights of freedom with that of the community, there should be no discrimination. According to prison regulations, the measures to restrain inmates include: use of leg irons, handcuffs, interlocking, and fishing line and other restraints and were resettled in the calm room; there are governed by the provisions of administrative execution law, fixed on the binding or protection. Both of application timing are for the inmates who have the possibility of escape, suicide, atrocities or other committing a breach of the order 《《 they are not punishments but the protection measures to avoid emergency distress. On the other hand, to maintain public order, the inmates should be punished for a breach of discipline. Prison regulations has the measures of admonition, stopping interview, forcing labor, stopping shopping, reducing wage, and stopping outdoor activities. The time for the physical restraint mentioned in the preceding paragraph shall not exceed 24 hours. 7 days is the limit of using leg irons, handcuffs, interlocking, fishing line, other restraints, or resettled in the calm of the application. According to circumstances, prisons have the right to extend the limit of 7-days. Nevertheless, the prison regulations not only breach the rule of administrative immediate coercion, but also severely harm the freedom of movement. Therefore, the study will research physically restraining the person -- apply The Administrative Execution Act to prevent crime, dangerous situations, avoid imminent danger in prisons. |