论德国的鉴定留置制度（On the appraisal lien system in Germany）.docVIP

论德国的鉴定留置制度（On the appraisal lien system in Germany） On the appraisal lien system in Germany I. The concept of identification lien and the legislative practice in Germany Because of the detention caused by the identification, the legislation of our country has not stipulated this problem, but it is estimated that... It is often possible to identify problems that may cause retention of accused persons, such as the mental status of the accused It will take several weeks to complete the identification. In the course of a few weeks, the accused are in general In the state of continued detention, this actually leads to restrictions on the freedom of person of the accused person, Therefore, the identification of lien is actually a coercive measure of punishment. Therefore, the identification of the lien was different from the identification and identification A lien is a compulsory disciplinary measure against the accused, and identification is a means of investigating evidence, two A person often has a relationship between the means and the objectives, such as sending the accused to a psychiatric hospital Forced detention for several weeks, which is a compulsory disciplinary measure, and a qualified doctor to enter the accused Line identification is a matter of evidence investigation. It can be seen that the identification of lien is actually a compulsion It is extremely inappropriate to legislate without the provisions of this system. In contrast, criminal proceedings in foreign countries stand Law, many countries have stipulated the identification lien, in which the German legislation on this particular system is particularly perfect. With regard to the identification of lien system, the eighty-first provisions of the German Code of criminal procedure states: in order to prepare for being subjected to The accused made psychiatric evaluations. After hearing the opinions of the appraiser or defender, the court may order that it will be referred to He was transferred to a