First hearing in FTV's case involving obstruction of military service! ENERGY's Chang Shu-wei pleads guilty, apologizes, and requests probation. Lawyer Li Yu-sheng explains obstruction of military service and pleading guilty to request probation.

News link:https://www.youtube.com/watch?v=VJ2QxC9kDmo

According to news reports, the case of celebrities evading military service continues to attract public attention. Energy member Chang Shu-wei, involved in the draft evasion case, admitted to his crime and apologized to the public during his first court appearance. The report indicates that the prosecution initially sought imprisonment, while the defense argued for leniency and probation, citing factors such as the defendant's post-crime attitude, family burdens, and work situation.

These cases attract discussion not only because the individuals involved are public figures, but also because they involve issues of military service fairness, document authenticity, criminal liability, and court sentencing. For the general public, common questions arising from similar criminal cases include: Does pleading guilty guarantee probation? Will falsifying or using false medical records constitute another crime? How much leeway does the court have after the prosecution requests a sentence? What documents should be prepared when consulting a criminal lawyer in Taipei?

Attorney Li Yusheng stated that common legal disputes in draft evasion cases may involve criminal liabilities such as obstructing military service, forgery, and causing government agencies to create false information. In practice, courts will not only consider whether the defendant apologizes or is willing to plead guilty, but will comprehensively assess the means of the crime, the degree of involvement, whether there was a monetary transaction, whether the defendant evaded judicial investigation for a long period, their attitude after the crime, their prior criminal record, and whether they have made concrete efforts to make amends or prevent recidivism.

Pleading guilty does not guarantee a suspended sentence.

Many people believe that confessing and apologizing in criminal cases guarantees probation; however, this is not the case in practice. Probation is a system that a court may grant only after finding the defendant guilty, when it believes that temporarily suspending imprisonment is sufficient to serve a deterrent effect. The court will assess whether the defendant poses a risk of recidivism, whether they have genuinely reflected on their actions, the impact of the case on the public interest, and social perception and the maintenance of the legal order.

In cases of military service evasion, if the court believes that the defendant deliberately evaded military service through money or false information, and that the behavior undermines the fairness of the military service system, even if the defendant pleads guilty in court, it does not guarantee a suspended sentence. To secure a suspended sentence, the defense typically needs to present concrete and convincing evidence, rather than simply offering a verbal apology.

What information might be helpful when seeking probation?

Attorney Li Yusheng reminds Taipei residents that if they encounter criminal cases and hope to obtain probation or a lighter sentence, they should discuss their defense strategy with a criminal lawyer as early as possible. Commonly compiled information includes: whether the offender confessed after the offense, whether they actively cooperated with the investigation, whether they have stable employment and family responsibilities, whether they participated in public interest litigation or remedial measures, whether they reached a settlement with the victim or relevant authorities, and whether they have a concrete recidivism prevention plan.

However, this information is only a factor that the court may consider when sentencing, and it cannot guarantee the outcome. The most important thing in criminal cases is to clearly organize the facts, evidence, and legal issues, so that the court can see the defendant's role and degree of responsibility in the case, and whether there is a genuine possibility of repentance.

Risks of forged documents and false information

In cases of conscription fraud involving false medical certificates, physical examination data, or other documents, in addition to military service-related offenses, issues such as forgery, use of forged documents, or causing government agencies to publish false information may arise. The focus of these charges typically lies in whether the document is false, who created or provided it, whether the document was knowingly used despite being false, and whether the document was sufficient to influence the judgment of government agencies.

Therefore, if members of the public are involved in similar cases, they should not only focus on "whether they have served in the military" or "whether they can get probation," but also review every source of information, communication records, financial records, and handling procedures. This evidence often affects the scope of prosecution and the sentencing by the court.

What should I prepare before consulting a criminal lawyer in Taipei?

If you encounter any criminal cases in Taipei involving obstruction of military service, forgery, plea bargaining, seeking probation, or other criminal offenses, it is recommended to first compile the following materials: summons or indictment, investigation records, search and seizure documents, remittance records, conversation records with accomplices or intermediaries, relevant medical or evidentiary documents, and records of your past cooperation with investigations. The more complete the materials, the better your lawyer can assess the risks of the case, potential charges, and defense strategies.

Attorney Li Yusheng also cautioned that criminal cases should not be dealt with only a few days before the trial. Especially when the prosecution is seeking a lower sentence, a suspended sentence is needed, or a reduced sentence is desired, the earlier the facts and evidence are gathered, the better the opportunity to present complete sentencing information and legal opinions.

Lawyer's Reminder

The case of evading military service involves not only personal futures but also the fairness of the conscription system and social trust. For the individuals involved, pleading guilty, apologizing, and cooperating with the investigation are important, but what truly influences the verdict is the completeness of the evidence, the circumstances of the crime, and the court's assessment of the risk of recidivism.

If you or your family members encounter issues such as obstruction of military service, forgery, criminal prosecution, prosecution's request for sentencing, or pleading guilty to request probation, it is recommended that you seek the assistance of a professional criminal lawyer as soon as possible to assess whether it is necessary to submit a plea, sentencing information, reasons for probation, or other favorable evidence.

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