Zhang Shuyuan, accused of murdering his wife and children for insurance fraud, remained silent throughout the 40 questions in court. Lawyer Li Yusheng explains the effects of the defendant's right to remain silent in criminal proceedings and the standards for sentencing by judges.

Zhang Shuyuan, accused of murdering his wife and children for insurance fraud, remained silent on all 40 questions during his trial. │ TVBS News Reporter Guo Ying

News link:https://youtu.be/ivU9TUT0Bug?si=0hsZ1GyXTk3E_dcW

The New Taipei District Court's National Court held a series of hearings last month, and Chang Shu-yuan exercised his right to remain silent in the face of as many as forty questions from the prosecutor and judge, setting a precedent for public participation in the trial. However, legal experts analyzed that although he exercised his right to remain silent, the judge will still sentence him based on the relevant evidence, and may even consider his poor attitude after the crime and impose a heavier sentence.

Attorney Li Yusheng of Fidelity Law Firm stated that although defendants are legally entitled to remain silent, judges can still conduct trials based on existing evidence. If the judge reviews the relevant materials and asks questions of the defendant, and the defendant exercises their right to remain silent and does not answer, it is tantamount to giving up the opportunity to defend themselves. The judge must still conduct the trial based on the existing evidence, and if convicted later, the defendant may be given a heavier sentence due to their passive non-cooperation with the trial and poor attitude after the crime.

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