Mobile phones and flash drives were confiscated! Gao Hongan’s request for restitution was rejected. Judge: Not guilty. He has the ability to dispute evidence | Lawyer Li Yusheng explains the legal issues related to the restitution of criminally seized items

Mobile phones and flash drives were confiscated! Gao Hongan’s request for restitution was rejected. Judge: Not guilty. He has the ability to dispute evidence│Reporter Ling Yujun, Zhang Hao and Dai Weichen

News link:https://youtu.be/E_b9FlsGG2A?si=IoXfc4G-b5cNMxIv

related news:https://fdlaw.com.tw/blog/corruption-2/

related news:https://fdlaw.com.tw/blog/prosecutors-corruption/

Hsinchu Mayor Gao Hongan was accused of fraudulently claiming money while serving as a legislatorAssistant feeMore than 460,000 yuan was inspected to preserve evidence, and Gao Hongan's mobile phone and flash drive were seized during the interrogation. During the court session a few days ago, Gao Hongan petitioned the judge for restitution. However, the Shilin District Court held that neither Gao Hongan nor Wang Yuwen, the public relations director of his Legislator's Office, had pleaded guilty, and Wang Yuwen had no control over the conversation records on Gao Hongan's cell phone. It was necessary to clarify the dispute over the capacity of the evidence, so the decision was made to dismiss the claim.

During the court session a few days ago, Gao Hongan stated that he went to the Northern Area Mobile Workstation of the Investigation Bureau for interrogation on December 15, 2022. At that time, his mobile phone and flash drive were seized. Now the whole case has been investigated and prosecuted, and is under trial in the North Court. The original data in the mobile phone and flash drive have been copied and evidence collected. There should be no need to continue to seize it. Moreover, the mobile phone and flash drive are inaccessible to her work and life. Please request for the missing items to be returned.

After the trial, the North Court held that Wang Yuwen disputed the evidentiary ability of the conversation record between Gao Hongan and Chen Huanyu, the then director of the office, and both Gao Hongan and Wang Yuwen denied committing the crime. The contents of the seized mobile phones and flash drives will not be used in future litigation. It still needs to be clarified in the procedure and it is necessary to retain it, so Gao Hongan's claim was rejected.

The legislative purpose of the Corruption Offenses Ordinance

The Corruption Prevention and Control Regulations (hereinafter referred to as the "Corruption Prevention Law") are an important law and regulation. Its legislative purpose is to maintain social fairness and justice, combat corruption, and protect the legitimate interests of public resources. This article will delve into the legislative purpose of the anti-corruption law and its key role in maintaining social order and national stability.
1. Preventing abuse of public power
One of the primary purposes of corruption laws is to prevent the abuse of public power. Government agencies and public sector officials must uphold the principles of impartiality, fairness and honesty when performing their duties to ensure the rational distribution of resources and the protection of interests. Abuse of power, solicitation of bribes or other forms of corruption can lead to a breach of trust in power, undermine society's trust, and even damage the country's image. Anti-corruption laws ensure that public officials do not abuse their power by clarifying illegal acts and corresponding penalties, thereby safeguarding the legitimate use of public resources.
2. Protect national and public interests
Another important legislative purpose is to protect national and public interests. Corruption often leads to squandering and waste of public resources, undermining a country's financial stability and sustainable development. The implementation of anti-corruption laws will help ensure that government funds and resources are properly allocated to meet the needs of public services such as education, health care, and infrastructure. This helps improve the country's economic prosperity and social well-being while ensuring the continued use of the country's resources.
3. Promote a society governed by the rule of law
One of the legislative purposes of the anti-corruption law is to promote the construction of a society ruled by law. In an environment rife with corruption and embezzlement, the principle of the rule of law is often ignored and the law no longer functions as a medium for fairness and justice. By enacting and enforcing anti-corruption laws, the government sends a strong message about upholding the rule of law, demonstrating that the law will apply equally to everyone, regardless of status or wealth. This encourages members of society to abide by legal provisions and take legal responsibility for violations, thereby helping to build a just and orderly society.
4. Improve government transparency and accountability
The legislative purpose of anti-corruption laws also includes improving government transparency and accountability. Transparency is a key feature of government behavior that helps the public monitor government decisions and actions. By requiring government agencies and officials to disclose financial information and report assets and liabilities, anti-corruption laws increase government transparency and reduce opportunities for abuse of power. In addition, it strengthens accountability systems by allowing the public to lodge complaints about government misconduct and ensuring that those involved are appropriately punished.
in conclusion
The legislative purposes of the Corruption and Crime Regulations are multi-faceted, aiming to maintain social fairness and justice, prevent the abuse of public power, protect the interests of the country and the public, promote the construction of a society ruled by law, and improve government transparency and accountability. The implementation of this law and regulation is crucial to social stability and national prosperity. It sends a strong warning against corrupt practices, emphasizes the importance of the principle of the rule of law, and ensures the legitimate use of public resources, thereby benefiting the entire society.

# Gao Hongan # Corruption # Return of seized property

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