● 中文摘要：

　　毒品成癮者予監禁時，所帶的次文化層面的負面影響例如：因本身成癮可能會導致傷害其它同監收容人、毒品成癮者可能為了購買毒品而犯其它財產犯罪、監所內因毒品而感染HIV或C型肝炎等情形。此外，現行有關毒品的替代療法也與行刑目的相違背，亦即，行刑的目的應使毒品成癮者在任何層面下過者無毒害的生活。因此在毒品刑法中，在德國的刑事制裁體系上逐漸走向一種介於考核刑與應執行之自由刑之中間特殊手段。亦即，從法律技術的觀點，其係類似於調整自由刑的考核刑，但走的是另一條解決方式，而以具有執行機關地位的檢察官為核心。主要是避免對毒品依賴者執行自由刑，目的在密集治療行為人的毒癮，藉此排除其犯罪。相關規定在麻藥法第35條以下，在法律用語及一般性用語均稱之「以治療替代刑罰」（Therapie statt Strafe）。法條本身的用語是「免除刑罰執行」最長二年。因此由矯正機構以外的處遇模式－社區矯治模式，則成為德國針對現行毒品成癮者最主要的刑事政策。接下來，本文主要側重於，毒品成癮者的矯治模式的立法技術及其批評，作為我國未來相關立法政策的參考。

● English Abstract: 

     During imprisoning, drug addicts would bring a lot of negative impacts of subculture layer, for example: may cause damage to other detainees in same prison due to their addiction, may commit other property crimes in order to buy drugs, and detainees in prison may infect HIV or hepatitis C because of using or taking drugs. Moreover, the existing drug-related replacement therapies are also contrary to the purpose of punishment enforcement, i.e., the purpose of punishment enforcement should aim to make drug addicts live in a life of no drug-related harm at any layer. Therefore, in the drug-related criminal laws and regulations of Germany, the criminal punishment system has been gradually moving toward a special measure in the middle of assessment punishment and imprisonment punishment should be enforced. That is, from a technical perspective of law, it is similar to probation punishment adapted from imprisonment punishment, but follows another solution approach and takes prosecutors having enforcement authority status as core. The purpose of doing so mainly aims at avoiding the enforcement of imprisonment punishment for drug addicts through intensively treating drug addiction of perpetrators, and thus making them free from committing a crime. The relevant provisions are provided under Article 35 of Anesthetic Drug Regulation Act, and this measure is called as ＂substituting criminal punishment with curing＂ in both legal terminology and general expression. In article itself, the term used is ＂exempted from the enforcement of criminal punishment＂, and the longest period is two years. Therefore, currently in Germany the treatment model - community correction model practiced outside correctional institutions - has become the most important criminal policy for drug addicts. In the followings, this paper will focuses primarily on legislative technique of and criticism against the treatment model for drug addicts, and provide them as a reference for future relevant legislative policy of our country.

● 文章連結：

https://is.gd/L3oznS

● 資料來源：

華藝線上圖書館