集會遊行法,首謀,台北律師

Liu Shifang: "Zhu Lilun is the mastermind" Jiang Wanan: The Minister of the Interior has no final say on illegality. Lawyer Li Yusheng explains the law on assemblies and processions and the relevant legal provisions on masterminds.


Liu Shifang: "Zhu Lilun is the mastermind" Jiang Wanan: The Minister of the Interior has no say on illegality│CTS News reporters Song Yanmin, Yang Yuqing, Zhang Junxuan

News link:https://youtu.be/F7BEsDtIadc?si=By9DY2QyI-A7iA-6

Kuomintang Chairman Eric Chu recently mobilized party members and supporters to gather outside the Taipei Prosecutors Office. Interior Minister Liu Shih-fang pointed out that prosecutors and police will target illegal gatherings and call in "masterminds" including Eric Chu, legislator Hsieh Long-jie, and blue camp spokesperson Yang Chih-yue! This move has aroused dissatisfaction among KMT legislators, and Taipei Mayor Jiang Wanan even said that the Minister of the Interior does not have the final say! However, the Ministry of the Interior is the competent authority of the National Police Agency, so does it have jurisdiction over rallies and marches? Can the Minister of the Interior identify who the mastermind is? Consider the debate over the powers of the Minister of the Interior.

Attorney Li Yusheng of Fidelity Law Offices said that the Organization Act of the Ministry of the Interior's National Police Agency stipulates that a National Police Agency shall be established under the Ministry of the Interior to unify the command of police affairs including assemblies and parades. Therefore, the Minister of the Interior, as the chief, has the authority to exercise command. According to the provisions of the Assembly and Procession Law, the mastermind of the violation will bear relevant criminal responsibility. If the Minister of the Interior believes that someone is the mastermind and instructs the police agencies under his jurisdiction to investigate, the police agencies will, in principle, handle the case specially based on the instructions of their superiors. According to the Assembly and Parade Law, the competent authority for assemblies and parades is the police station or county or city police station where they occur, and they are under the jurisdiction of the superior authority, the Ministry of the Interior.

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