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"Ko Wen-je Clause" Removes Linked Detention; Legal Professions Criticize: Increased Difficulty in Investigation | TVBS News Reporter Cai Binghong
News link:https://youtu.be/sTV7xujj_Fg?si=dW-axZ1L0OsOgXq2
The Taiwan People's Party caucus will review the draft amendment to the "Criminal Procedure Act" next week, but the proposed amendments have already sparked backlash from the legal community, who believe that they will increase the difficulty of prosecutions and affect the safety of grassroots law enforcement personnel. However, Taiwan People's Party Chairman Huang Kuo-chang said that the content of the amendments is exactly the same as the articles proposed by then-legislator Lai Ching-te in 2008!
Attorney Li Yu-sheng of Fidelity Law Firm stated that this amendment focuses on two major changes: first, removing the requirement for detention based on "collusion with accomplices or witnesses"; and second, significantly reducing the time required for prosecution and court investigations. While removing the collusion requirement can uphold human rights and prevent detainees from obtaining confessions, it also drastically increases the difficulty for prosecutors in investigating collective corruption cases, significantly raising the risk of collusion and recantation in court. Simultaneously, reducing investigation time forces prosecutors and investigators to obtain irrefutable evidence within a very short period. These two amendments not only severely test the investigative capabilities of national law enforcement agencies but will also fundamentally change the landscape of future criminal proceedings.
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