Preventive Detention of Mental Disorders
When a criminal defendant with a mental disorder is innocent because he meets the requirements of Article 19 of the Criminal Law. According to the provisions of Article 316 of the Criminal Procedure Law, the acquittal is deemed to be withdrawn from custody. But, if the defendant’s mental status may endanger public security, there is no way for the preventive detention system to be applied in this situation.
Therefore, this article attempts to review the relevant provisions of the United States legal system for the preventive detention of defendants with mental disorders in criminal proceedings. Finally, proceeding from the perspective of comparative law, this article will propose legislative proposals in response to the lack of Taiwan criminal justice system.