Nowadays there are a few arguments raised by some people that if the detention for felony criminals in the Taiwan's criminal procedure rules has violated the “presumption of innocence”, "proportion principle" and "equal combating” But after a further analysis, we concluded they might have misunderstood the rules. First, in fact, the detention rules have approved carefully by the Congress of Taiwan. Secondly, To protect public interests, some civilized countries enumerate the types of felony criminals for detention in their criminal procedure rules directly while some countries operate the experience rule, “it is more possible to flee away that people have committed felony”, in their courts to infer that the defendants are in danger of escaping or acting in collusion to make each other's statements and therefore their judges decide to detain the defendants.
In addition, considering on the basis of Principle of Separation of Powers and Checks and Balances, etc., public procurators should have the authorities to file motions to detain the defendants and also could appeal to higher court for a release or detention order in trail.