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Bringing attorneys to interrogations

According to the Code of Criminal Procedure (刑事訴訟法), individuals are entitled have their attorneys present during interrogation, in keeping with the spirit of the presumption of innocence and egalitarianism. Article 154 of the code states that: "Prior to final conviction through trial, an accused is presumed to be innocent."

In other words, until the court has reached its final verdict, every suspect is considered innocent. This is an internationally recognized principle for criminal prosecution.

The principle of egalitarianism is aimed at a balance of legal knowledge between members of the public and the police, prosecution, or judges that represent the public power of the state. Suspects are entitled to an attorney who is equipped with the same professional knowledge of law as their accusers.

To realize the above principles, the Legal Aid Foundation (法律扶助基金會) began its "First Criminal Interrogation Accompanied by Legal Aid Attorney" program on Sept. 17 last year to provide a channel for individuals requiring attorneys.

The program was implemented in district prosecutors' offices and courts with the support of the Judicial Yuan and the Ministry of Justice. Beginning in mid-October, the program was expanded to provide service 24 hours a day, 365 days a year. This assures that the legally stipulated right to be accompanied by an attorney during interrogations will be realized and that human rights in Taiwan are upheld.

Regrettably, police stations, which play a driving interrogative role in the initial process of investigations, have yet to begin to work with the Legal Aid Foundation. The first step in the interrogation of suspects during an investigation is administered by police before the suspects are moved to prosecutors' offices for further interrogation and possible detention.

Hence, if attorneys were able to accompany suspects during interrogations at police stations, the protection of human rights and the likelihood of uncovering the true facts of a case would be greater. As interrogation is a decisive factor in indictment and subsequent legal procedure, certain long-standing cases are bogged down because of debate concerning the courtroom admissibility of interrogation records. This is not only a waste of legal and societal resources, but also results in the public often distrusting legal verdicts.

Now, after completing the National Police Agency's preparations, training and lectures for law-enforcement officers at the grassroots level, the police will join the program on Friday. From then on, police, prosecution and court interrogations will all be conducted in the presence of a defense attorney. I believe this will elevate protection of the legal rights of the public to a new level.

As the system for attorney accompaniment during interrogation gradually matures, the measures will hopefully not only protect the public's legal rights, but also make significant contributions to ensuring the correctness of legal proceedings, the conserving of trial resources and the establishment of public trust.

Those seeking assistance from the Legal Aid Foundation can call (02) 6632-8282 Monday to Friday during working hours, or (02) 2559-2119 evenings and weekends, to request an attorney.

Ku Den-mei is the chairperson of the Legal Aid Foundation.

Translated by Angela Hong
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