Nationalist Government Era (2017.1.1～2018.1.31)
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- Last updated：2021-01-08
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|2017||04.26||In order to protect the personal freedom of the accused, based on the principle of due process of the Constitution, except for the proviso of paragraph 2, Article 93 of Code of Criminal Procedure may limit or prohibit part of the dossier and evidence, or for special provisions of other laws, the defender of the defendant is allowed to review, copy and film the dossier and evidence that the prosecutor submits to the court when applying for detention, so as to effectively exercise the right of the defendant to defend themselves. In consideration of the intention of Interpretation Shih-Tzi No. 737 of Judicial Yuan, the Legislative Yuan amended Article 33-1 of the Code of Criminal Procedure, clearly stating that unless stipulated otherwise, the defense attorney may inspect the case file and evidence, as well as copy, or film, during a detention hearing proceedings of an investigation. The amendment was promulgated by the President and implemented on April 26th, 2017.|
|The Taiwan High Prosecutors Office established the “National Drug Database” in accordance with Article 6 of the Implementation Regulation of Narcotics Hazard Prevention Act and the instructions of the Executive Yuan, so as to create a "scientific anti-drug network" with technology anti-drug networks and big data analysis to help the anti-drug operation. Its value was affirmed by the Executive Yuan. The former Premier Lin Chuan and the current Premier Lai Ching-te visited the National Anti-drug Database on July 25th and December 19th of 2017, respectively. This was the first time ever a Premier of the Republic of China went visit the prosecutorial organ.|
|08.12||"Judicial reform" is the most concerned issue of the people in Taiwan at this stage. In view of this, President Tsai Ing-wen’s inauguration speech on May 20th, 2016 announced that she would actively promote judicial reform with the help of the power of society, so that the judiciary can respond to the needs of the people and regain the trust thereof. Therefore, the President decided to convene a National Conference on Judicial Reform and invited experts and people from various fields to participate and communicate with the government to seek the direction of reform together. This National Conference on Judicial Reform specifically reflected the idea of "the people's justice" in the two core concepts of "a reform process that widely includes the public opinion" and the "judicial system that keeps pace with the times." The conference was divided into three stages: "opinion collection", "group meeting" and "conclusion meeting". The first stage “opinion collection” was from November 1st, 2016 to December 31st, 2016, extensively collecting suggestions from the people for judicial reform and then compiling them into 96 "issues involved". Then, those issues were categorized into 21 categories of “issue summary list” based on the matters to be reformed. The second stage "Group Meeting" held a total of 40 meetings from February 20th, 2017 to June 3rd, 2017. The third stage "conclusion meeting" was completed on August 12th, 2018, and the National Conference on Judicial Reform was successfully concluded. The topics of this conference involved Judicial Yuan, Ministry of Justice and other ministries of the Executive Yuan, and the resolutions thereof would serve as an important reference for future government administration.|
In the case where Wang Guang-Lu was found guilty of using a modified shotgun to shoot a Formosan serow and a Reeves's muntjac, both protected wildlife animals. The Prosecutor General of the Supreme Prosecutors Office filed an extraordinary appeal and the Supreme Court opened a court investigation in February 2017, extensively collected information. At the end, the judge suspended the trial and filed a petition for constitutional interpretation.
This was the first time Supreme Court judges filed a petition for constitutional interpretation. The panel of judges considered hunting to be one of the traditional cultural characteristics of the indigenous people. The Controlling Guns, Ammunition and Knives Act restricted indigenous people to hunt only with their own old-style guns rather than using the safer and modernized shotguns. The Wildlife Conservation Act restricted indigenous people to only hunt when the number of that animal had grown excessive, or for the purposes of academic research, education, or traditional cultural rituals. The aforementioned laws were not discussed and amended based on the Indigenous Peoples Basic Law, and were not in line with the ICCPR and ICESCR, which require prior consultations and discussions with the indigenous people as well as their consent. They also violated the concepts of sharing technology and creating win-win situations, as well as the intention of the additional provisions in the Constitution to affirm the multiculturalism, safeguard the indigenous tradition and promote its development. As such, the Justices of Constitutional Court of Judicial Yuan was requested to announce Item 1, Article 20 of that Controlling Guns, Ammunition and Knives Act and Article 18 and Item 1, Article 41 of the Wildlife Conservation Act to be unconstitutional because these provisions did not consider the special circumstances of the indigenous people.
|11.21||15 years ago (January 5th, 2002), Cheng Hsing-tse and his underworld brother Lo Wu-hsiung were involved in a shooting incident in a Taichung KTV. Police officers came to the scene to understand the situation, and Su Hsien-pi, the first police officer who entered the scene, was killed. Lo Wu-hsiung was killed at the scene. Cheng Hsing-tse, who was originally thought to have shot Su Hsien-pi, was sentenced to death on May 25th, 2006. Due to the discovery of new evidence by the Taichung Branch of Taiwan High Court, the killer was thought to be someone else, so the death penalty was suspended in 2016 and a retrial was applied. On May 2nd, 2016, the Taichung Branch of Taiwan High Court ruled to start the retrial of the portion that Cheng Hsing-tse illegally possessed pistol and murder, and the execution of the death penalty was suspended. On October 26th, 2017, the Taichung Branch of Taiwan High Court ruled that Cheng Hsing-tse was not guilty, and he was released from the death row after being detained for 5,233 days. However, Su Hsien-pi’s relatives asked the Taichung Branch of Taiwan High Prosecutors Office to appeal. After considering the interests of Cheng Hsing-tse and Su Hsien-pi’s family members, as well as the legal and factual investigations, the Taichung Branch of Taiwan High Prosecutors Office found that the ruling had no violation of the law and decided not to appeal. The case was acquitted on November 21st, 2017.|
|2018||01.03||Organized crimes have the characteristics of gathering people to bully others, and often commit violent coercion and other criminal acts against other people, which is very harmful to society. In view of this, the Legislative Yuan amended Article 2 of the Organized Crime Prevention Act to clearly define "criminal organization" and "structured organization". The term "criminal organization" refers to a structured, permanent or profit-seeking organization formed by more than three persons involved in violence, threats, fraud, intimidation, or offenses that carry a maximum principal punishment of more than five years’ imprisonment. The term “structured organization” shall mean an organization not arbitrarily formed to commit immediate offenses, for which its name, statue, ritual, permanent location, continuous participation or work allocation of members are not required to be definite. This amendment was promulgated by the President on January 3rd, 2018.|