Abstract
In recent years, several cases of serious crimes committed by mentally ill accused have caused panic among the public. They also revealed that there had been a lack of a dual system of criminal procedures corresponding to substantive criminal law for a long time. The current legal institutions, such as remand detention or Danger of recidivism as the ground for remand detention, the Mental Health Act, and Emergency tutelage, are not suitable institutions to deal with the mentally ill accused for public security. By comparing with German provisional placement (§126a German code of criminal procedure), this article examines the new regulations regarding provisional placement in Taiwan (§121-1 -§121-6 Taiwanese code of criminal procedure) and proposes a suggestion for improvement.