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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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Frequently Asked Questions
Under what circumstances might someone be detained and held incommunicado?
Common reasons include the risk of flight, destruction of evidence, collusion with accomplices or witnesses, serious crimes, and substantial grounds for believing that the suspect is highly guilty. However, the actual outcome still depends on the evidence presented in each case.
What can family members do before someone is detained?
You should contact a criminal lawyer as soon as possible to confirm the charges, the status of the interrogation, the residential and work information that can be provided, and prepare materials that can reduce the necessity of detention in the detention hearing.
Why should you seek legal counsel as early as possible in serious criminal cases?
Initial investigation records, evidence preservation, detention hearings, and meetings all influence subsequent arguments and defenses. The earlier the intervention, the better to avoid misstatements or missed defensive opportunities.