“But the judges and prosecutors — especially the prosecutors — have never been happy with that change,” Yo said, adding that this is a way to rein in lawyers.
Disobeying a judge or prosecutor would carry a maximum punishment of six months in prison or a fine of NT$9,000. This could include orders that violate a defendant’s right to remain silent and not incriminate himself (enshrined in the Criminal Procedural Code), Yo said.
He gave an example at a district court this year in which his client declined to answer a judge’s questions.
The judge became angry and instructed Yo to have his client answer. Yo refused and an argument ensued. If the amendment is passed, Yo said defendants could be intimidated into obeying in this situation, while lawyers who argue with judges could be accused of “inappropriate” words.
The proposal also bans lawyers and defendants from “harassing” witnesses under penalty of up to three years in prison or a fine of NT$100,000.
It does not define “harass.”
If the amendment is passed, Yo said he “would not dare” talk to some witnesses associated with the prosecution even though “every serious lawyer must do so” to understand their testimony and prepare as thorough a defense as possible.
The ministry has defended the proposal on its Web site, saying that it must combat actions that “interfere with judicial independence” and are “worse day by day.”
These actions include destroying or tampering with evidence, harassing witnesses and calling press conferences to make public details of evidence, it said. Current law does not punish these acts, it said, causing the public to think that the law “indulges madness.”
The ministry said it is defending the judiciary from interference in line with international legal practice.
Lo and Yo reject that argument, saying it is instead protecting prosecutors and judges and strengthening their position.
Also See: GIO response to Nov. 13 open letter
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