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Back士林憲兵隊抓逃兵裝針孔挨告 憲指部:司法警察依法辦案
士林憲兵隊抓逃兵裝針孔挨告  憲指部:司法警察依法辦案
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自由时报30 minutes agoLaw5 min readChinaView translation

士林憲兵隊抓逃兵裝針孔挨告 憲指部:司法警察依法辦案

民眾指控苗栗社區遭裝針孔提告,憲兵指揮部回應係受檢察機關指揮執行緝逃公務。

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苗栗公館鄉一社區遭人裝設針孔攝影機,住戶提告妨害秘密。憲兵指揮部證實為士林憲兵隊受檢察官指揮偵辦逃兵案的蒐證作為,強調將配合司法調查。

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Why It Matters

士林憲兵隊人員在苗栗社區裝設針孔攝影機遭住戶提告,憲指部指係依法受檢察機關指揮執行緝逃案件。

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本報接獲民眾投訴指,國防部憲兵指揮部所屬士林憲兵隊人員,在苗栗縣公館鄉一處社區裝針孔,質疑遭非法監控已提告。憲兵指揮部回應表示,該部所屬士林憲兵隊依法受檢察機關指揮,執行司法警察職權,遂行案件偵查均按法定程序辦理;另有關民女提出妨害秘密告訴,後續將配合司法機關偵辦,憲指部配合調查。

據掌握,憲兵此為配合檢察機關偵辦中的案件、在檢察官指揮下執行的查緝逃兵作為,並非軍方自行發動的監控;但因案件仍在偵查階段,受偵查不公開拘束,除軍方無從對外說明案由外,犯罪嫌疑人恐怕也因媒體曝光而得知自己行蹤已被盯上。

憲指部強調,該部所屬憲兵隊均為司法警察機關,如查有違反法令或內部規定情事,並依法(紀)嚴正處理,並追究相關人員責任。

據了解,警方受理住戶報案、循車追查比對後,相當快即掌握該車輛與人員是在執行公務;當事憲兵隊獲悉後亦主動到場向警方說明原委,並就蒐證內容提供查證,釐清鏡頭所針對的對象,與提告住戶一家並無關係。由於住戶仍決定提出告訴,憲兵只能尊重,並配合檢警調查。

憲兵之所以能辦這類案件,是依據《刑事訴訟法》第229條至第231條規定,憲兵隊長官為司法警察官,憲兵隊官長、士官為應受檢察官指揮偵查犯罪的司法警察官,憲兵則為應受檢察官及司法警察官命令偵查犯罪的司法警察,與警察、調查局人員同屬刑事訴訟程序中的執法主體。

2013年洪仲丘案後《軍事審判法》第1條修正,現役軍人非戰時涉犯《陸海空軍刑法》之罪一律回歸普通司法機關追訴審判,逃兵案的主導者因此是地檢署檢察官,憲兵只是替檢方執行偵查作為的司法警察,是否發布通緝、採取何種蒐證手段,軍方無人員有最終決定權。

至於台北的士林憲兵隊為何出現在苗栗,則與緝逃案件的特性有關。逃亡官兵的部隊駐地、戶籍地與實際藏匿地往往分屬三處,案件由哪一個憲兵隊收案偵辦,該隊即為承辦單位;在檢察官指揮偵查下,司法警察跨域追查線索至外縣市屬常態,慣例上會知會當地單位,但在法律上並非生效要件。

至於住戶提告的《刑法》第315條之1妨害秘密罪,處罰「無故」以錄影等方式竊錄他人「非公開」之活動。司法實務認為,所謂非公開活動須兼具主觀隱密期待與客觀上足以確保隱密性的環境,鏡頭究竟涵蓋住宅內部或僅及於門前通道,將是本案的事實核心;而立法者雖以「無故」要件排除基於正當理由的蒐證,實務見解亦明白指出,職司犯罪偵查的公務員所為竊錄,縱使目的在偵查犯罪,也「非當然」具有正當理由,仍須就犯罪嫌疑程度、偵查的重要性與急迫性、手段與目的間的必要性綜合判斷。全案如何認定,有待檢方依實際影像內容審認。

據指出,縱使程序合法,軍方確實仍有應當精進檢討之處。一根直徑10餘公分、長約2公尺的塑膠水管,以束帶加掛在既有電纜管上,在一般住宅社區屬於憑空多出來的異物,鄰里稍一詢問即可確認無人裝設;選在凌晨2時至3時駕車進入社區,在各家戶普設監視器的今日反而最容易被完整記錄,加上先行勘查、持手機拍攝車輛與門牌等動作,住戶一旦調閱影像比對,回溯幾無難度。

偽裝蒐證被目標以外的人發現,本身就是失敗的偵查,另外造成一般民眾不必要的惶恐,尤其當事人自述為只有母女與3名幼童居住的家庭而言,發現住家外牆被陌生人裝設鏡頭,報警、調閱影像、提出告訴都是法律賦予的正當權利。軍方雖處於受偵查不公開約束而無法完整說明的情況,仍有必要落實戰略溝通,同時確保兵役公平、執法與軍民關係等各面向平衡。

What to Watch

AI outlook — possibilities, not facts

  • 檢方將依實際影像內容審認妨害秘密罪嫌

    Very likely · Within weeks

Open Questions

  • 針孔攝影機鏡頭究竟涵蓋住宅內部或僅及於門前通道?
  • 檢方將如何認定此次蒐證是否具備正當理由?

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