The Choice between Observation and Deferred Prosecution of Drug Abstention
Some believe that observation and deferred prosecution of drug abstention are a double track system of the treatment, but which one is beneficial to the defendant? According to the Criminal Proposal No. 37 of the Legal Symposium of Taiwan High Court and the subordinating Courts in 2017, there couldn’t be a generalized applicability. For the addictive drug application, due to considerable importance of the rapidity of the treatment, the prosecutor’s choice between these two should be given modestly respect. Also regarding the question of how to choose between observation and deferred prosecution of drug abstention, it is advisable to respect the medical professionality, and to investigate relevant evidence as reference for the discretion of prosecutor if necessary. Therefore, it could be said an exhaustive consideration.