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The confiscation has a great interference in the right of property. In addition to the authorization in the substantive law for achieving the principle of legal reservation, people should be given the right to hear and remedy in the procedural law to follow the due process. Since the confiscation scope in Taiwan's Criminal Law has extended to the third persons, the procedure protection regarding the participation right of the third persons has become more important accordingly. Therefore, the special procedure regarding confiscation in the Criminal Procedural Law was amended on May 27, 2016. This paper will analysis such special procedure, particularly, will concentrate on the issue of participation under the amended Criminal Procedural Law. This paper believes that the participation in confiscate procedure in the Criminal Procedural Law should exclude the person mentioned in Paragraph 2 of Article 38-3 and the victim mentioned in Paragraph 5 of Article 38-1 of the Criminal Law. Therefore, the participation of confiscate procedure should be interpreted from the perspective of procedural law, which currently cannot be clearly defined under the substantive law.
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