Taking advantage of the recess at the legislative Yuan -- when legislators are not under the protection of Constitutional immunity -- the government has launched a massive crackdown throughout August, which has been designated as "anti-black-gold" month. Gary Wang (王令麟) has been the most recent among several lawmakers targeted in the crackdown. This vigorous action has brought widespread public applause, but it has also intensified the standoff between prosecutors and judges. The struggle between justice and politics has also become a hot issue.
Prosecutors are not happy with the Taipei District Court's decision Saturday to release Wang on NT$15 million bail. The prosecutors intend to file an appeal to overturn the ruling. Interpretation No. 392 by the Council of Grand Justices in 1995 gave the power of detention to courts, in order to prevent prosecutors from abusing the power of custody. If the prosecutors are not happy with a court ruling, they can appeal to a higher court. The conflict over Wang's release indicates the prosecutors' determination to fight organized crime, and also the judge's independence to grant detentions or not, based on his own interpretation of the case. Both sides here are trying to do their jobs well -- a sign of improvement for Taiwan's judicial system. In this regard, the conflict between judges and prosecutors is no cause for worry.
However, the friction between the judiciary and the legislature needs watching. The prosecutors are worried that, with the next legislative session opening in a few days, Wang will be once again come under the shield of legislative immunity and they will not be able to detain him even if the court allows them to. legislators have been able to flout the judiciary because Additional Article 4 the Constitution stipulates that "No member of the legislative Yuan may, except in case of flagrante delicto, arrested or detained without the permission of the legislative Yuan when that body is in session." Legislators usually shelve court requests for the detention of their colleagues. Similar situations have happened in the cases of legislators Cheng Fong-shui (鄭逢時) and Liao Hsueh-kuang (廖學廣), both of whom ignored court subpoenas.
Without the power of detention, prosecutors cannot force lawmakers to appear in court. They can only look on while the lawmakers "take leave" on various pretexts. Prosecutors have learnt not to touch any cases involving legislators while the legislature is in session. Then they start rushing their investigations when a recess comes. As a result, most of the cases involving lawmakers remain unresolved.
But this vicious cycle should not be the inevitable outcome. The Constitution grants immunity to lawmakers in order to allow them to speak without fear on behalf of their constituents -- not to make the legislature a safe haven for criminals. After Taiwan's historic transition of power has ushered in a new era, the legislature should not ignore the requests from the judiciary asking for approval to detain their people. It should review them and take action to show that the legislature has become worthy of respect.
Also, the judiciary should not shy away from making such requests simply because they feel the legislature will shelve them. Even if the legislature shelves them, the judiciary should let the public know what has happened, and let voters judge their lawmakers. Justice should not turn soft in the face of politics, nor should the judiciary get carried away with excitement once they come to handle cases involving lawmakers. It is only decent to ask that there should be no holiday from justice and that all defendants be treated equally before the law. Only by falling back on these basics can we realize a truly independent judiciary -- and a true transition of power.
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