二、試論述「入罪化」(Criminalization)與「除罪化」(Decriminalization) 的功能為何？並舉例說明其在我國刑事政策上之應用及其影響為何？

二、 Translation (30 分) Sixteen of the 20 bodies that have been found on Taiwan’s west coast since February have been identified, with nine of them being Taiwanese and seven Vietnamese, police said yesterday, adding that they were investigating whether a wooden boat might be linked to the bodies. Most of the deaths are believed to have resulted from a boat that capsized in the Taiwan Strait during a human trafficking operation seeking to bring Vietnamese to Taiwan to work, the Criminal Investigation Bureau (CIB) said. Investigators examined a boat found off Chiayi County to assess whether it had been carrying the people. The boat had capsized in high waves, CIB officials said. A vessel has been listed as missing from a fishing port in China’s Fujian Province, they said. Since Feb. 18, 20 bodies have been recovered, one of them on a wind turbine platform off Changhua County. Vietnamese IDs were found on two of the bodies, while a mobile phone on another had a photograph of 14 people that was most likely a group shot taken just before they boarded a vessel, investigators said. The seven Vietnamese were identified by fingerprinting and DNA tests, while the Vietnam Economic and Cultural Office in Taipei assisted with the work and contacted relatives of the deceased people in Vietnam. After autopsies were conducted on the nine Taiwanese, prosecutors and police units clarified details with family members and friends, determining that they had drowned after being swept out to sea or had committed suicide. Normal procedures were followed for families to collect the bodies for burial. CIB investigators said that the human smuggling operation had probably been bringing people from northern Vietnam.

二、試論述「入罪化」(Criminalization)與「除罪化」(Decriminalization) 的功能為何？並舉例說明其在我國刑事政策上之應用及其影響為何？

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