Criminal Law and Criminal Procedure

Ko's popularity has overshadowed Chang's. It's rumored that the future of the White House depends on Ko for major events, but Chang for minor matters. | Reporters Liao Pinjun and Wu Jiecheng. News link: Attorney Li Yusheng of Fidelity Law Firm stated that the Legislative Yuan amended the law in 2011, declaring that criticism of public power itself cannot be prohibited by criminal penalties, thus removing the crime of insulting a public office. Therefore, Huang Kuo-chang is citing a now-repealed law. Furthermore, regarding the bail decision for Ko Wen-je, prosecutors have filed an appeal, as Ko violated the order not to contact witnesses. The case will be heard by the High Court. Fidelity Law Firm Line: https://li…

Ko Wen-je's first court appearance since being released on bail contradicts the consensus decision, claiming the former Metropolitan Municipal Committee did not discuss the legality of the Jinghuacheng case. The Urban Development Bureau should have overseen it. │Reporters You Tao and Jian Hanming. News link: Fidelity Law Firm attorney Li Yusheng stated that Xu Guocheng, a former member of the Metropolitan Municipal Committee, testified today that the Jinghuacheng case was not decided by consensus during the Metropolitan Municipal Committee's discussion. Instead, then-chairman Peng Zhensheng made the decision on his own, ignoring objections from the committee members. Therefore, Ko Wen-je's argument that the Jinghuacheng case was decided by consensus among the professional committee members will likely be rejected by the judge, putting him at a disadvantage. Fidelity Law Firm Line: https:…

The Taipei District Prosecutors' Office is considering whether Ko will post bail. The District Prosecutors' Office must file an appeal within 10 days. Lawyers predict the prosecution may appeal. The District Prosecutors' Office is currently considering a decision to post bail in his own name. Lin Junxian is not giving Ko a chance to act. (Reporters Xu Xiangyun and Zheng Xiangren) News link: The Taipei District Court has ordered Ko Wen-je to post bail for NT$70 million, with travel restrictions and the requirement to wear an electronic anklet. Upon receiving the news, his wife, Chen Pei-chi, quickly raised funds. However, Ko Wen-je stated through his appointed lawyer that he needs to carefully consider whether to post bail. The People's Party stated that they understand Ko Wen-je's determination to defend his innocence and that if Ko agrees to sign on Monday, bail will be immediately posted. Attorney Li Yu-sheng of Fidelity Law Firm stated that generally...

Finally home after a year in detention, Ko Wen-je posted bail of NT$70 million | TVBS News Reporter Guo Ying News Link: The Taipei District Court ruled that Ko Wen-je post bail of NT$70 million, restrict his travel abroad, and wear an electronic anklet. Upon receiving the news, his wife, Chen Pei-chi, scrambled to raise funds, but Ko Wen-je stated through his appointed lawyer that he would carefully consider whether to post bail. The People's Party stated that they understand Ko Wen-je's determination to defend his innocence and that if Ko agrees to sign on Monday, bail will be immediately posted. Li Xin, an attorney at Fidelity Law Firm, stated that the judge granted Ko Wen-je bail but required him to post the bail in his own name: This is relatively rare in practice...

Ko Wen-je's NT$70 million bail was granted. His lawyer, Lin Zhiqun, stated: "Prosecutors will definitely appeal." [TTV News reporter Huang Yuzhen] News link: Ko Wen-je has been granted bail. The Northern District Prosecutors' Office will consider whether to appeal after receiving the ruling. However, legal experts believe prosecutors will definitely appeal, as the High Court only rejected Ko Wen-je's appeal on August 11th, finding that the grounds for detention still existed. Less than a month later, no evidence has emerged to prove the necessity for detention has ceased. However, even if the High Court revokes the bail ruling, Ko Wen-je's detention will not be extended for long, as the maximum detention period for the charges against him in the first instance is 15 months. Liu Yiling, an attorney at Fidelity Law Firm, stated...

TSMC 2nm leak case! Three National Tsing Hua University engineers have pleaded guilty and requested bail. Eastern News reporter Zhao Yixiong reports: Taiwan's tech talent is the lifeblood of the national economy. Under the National Security Law, engineers seeking to switch jobs across the Taiwan Strait are prohibited from stealing Taiwanese trade secrets, a crime punishable by up to 12 years in prison. However, the Investigation Bureau conducted a nationwide sweep of privately-owned Chinese companies and discovered 16 implicated in the case, including leading Chinese optoelectronics and semiconductor companies. These companies have offices in Hsinchu and Neihu Science Park, posing a threat to national security. Fidelity Law Firm attorney Li Yusheng stated that the defendants and others are suspected of leaking TSMC...

A police officer can still smile while being strangled? AI-generated graphics are being spread around, prompting the police to take action. News link: A video following the People's Party's field trips has been followed, with several clashes between the officers and Huang Kuo-chang, who even grabbed an officer's neck. Xiaocao created an AI-generated image, transforming the officer's pained expression into a grinning grin, and has been widely shared. Now the Taipei City Police Department is also taking action. People's Party Legislative Yuan caucus chair Chen Chih-han also showed off her injuries. Legislator Chen Zhao-zi also revealed that superiors are demanding the police dismiss any officer if they allow the person to move even one step further. Attorney Li Yusheng of Fidelity Law Firm stated that maliciously fabricating videos with AI can create a false public perception...

The Blue Tick Mark fan page set up by a proxy is a scam! Nursing home extorted NT$2 million | CTS News Anchor Huang Yulan News link: A nursing home recently opened in Yilan and, wanting to promote itself on Facebook, hired a proxy company to set up a Blue Tick Mark fan page. Unexpectedly, two weeks later, the company suddenly sent a message demanding NT$2 million in extortion, threatening to not return the fan page unless it was paid. They also deployed cyber troops to attack and discredit all clients, terrifying the owner and prompting a police report. Attorney Li Yusheng of Fidelity Law Firm stated that the perpetrator in this case established a limited company but claimed to be a joint-stock company, and that the registered address was shared by multiple companies...

An 80-year-old man who ran a red light without a license and caused a motorcyclist to be ejected has received a suspended sentence. The judge who gave the suspended sentence to an elderly man who caused an accident without a license stated that his sentence could be reduced as he is over 80 years old. Elderly drivers are frequently involved in serious accidents. News link: Li Yusheng, an attorney at Fidelity Law Firm, stated that according to the Criminal Law, if the offender is over 80 years old, their sentence can be reduced. This, in turn, may result in sentences for elderly offenders being less severe, which could have no deterrent effect on the elderly and make it more difficult for the government to manage them.

A former domestic abuser who violently beat his son! A jealous ex-girlfriend threatened his ex-girlfriend with a knife while standing guard at a karaoke parlor! Seeing his ex-girlfriend hugging a drunk, the man became furious and threatened her with a knife. │Reporters Wang Yiqi and Dai Weichen News link: Attorney Li Yusheng of Fidelity Law Firm stated that if a protection order is violated, judges have traditionally considered the severity of the circumstances and the likelihood of repeated violence to determine whether to detain the offender. In recent cases, even if a protection order has been issued, if the offender violates the order, there is still a window of opportunity before the police arrive to handle the situation, making it impossible to completely prevent the risk of harm. These cases have impacted future violations...

Former Taipei City Councilor Bai Rende testified in the Jinghua City corruption case, claiming the issues were too "soft," drawing laughter. | FTV News reporter Huang Guocheng News link: The Taipei District Court heard the Jinghua City case this morning. Besides subpoenaing Shen Qingjing and Huang Jingmao, Ko Wen-je was mentioned. They also called in witnesses, including Bai Rende, a former Taipei City Councilor and professor of land administration at National Chengchi University. Chen Pei-chi, who recently posted a message expressing her grievances on behalf of her husband, appeared calmer this time at the Taipei District Court. Regarding Ko Wen-je's previous yelling at the prosecutor in court, which may have constituted a blatant insult, prosecutors have already requested court video footage. Attorney Li Yu-sheng of Fidelity Law Firm stated that Jinghua City...