In the wake of several seemingly controversial searches by prosecutors, lawmakers are considering amending Taiwan's laws to limit prosecutors' power of search and seizure.
The Ministry of Justice has said however this move will hamper efforts to crack down on Taiwan's endemic "black gold" problem.
The power of prosecutors to search did not appear to be a public issue until the Taipei District Prosecutors' Office searched the newsroom of the China Times Express on Oct. 3.
The newspaper has continued to lash out at prosecutors, claiming it has been victimized.
They have also been behind proposed amendments to existing laws that would curtail prosecutors' powers.
Four draft amendments to the Code of Criminal Procedure, which aim to push forward changes, were proposed by lawmakers across party lines in the wake of the media backlash.
The drafts, in general, say prosecutors should be obliged to get approval from the court before they conduct a search.
Such a revision of the law would further guarantee that individuals being investigated were given due process and further ensure civil liberties, proponents for curtailing prosecutors' powers say.
Currently prosecutors, like judges, can issue search warrants for officers or personally conduct searches without warrants.
The Ministry of Justice, however, is opposed to the amendment saying that such a move would considerably curtail the prosecutor's powers.
While there is no sign the amendment will be put on the legislature's judicial committee agenda this week, as some lawmakers have urged, legislature officials have not ruled out the possibility.
Ministry officials are pessimistic: "Looking at the current situation in the legislature, the passage of the amendment to the law seems inevitable," said a justice ministry prosecutor.
In successive public hearings held by lawmakers in recent weeks, representatives of the justice ministry often found themselves in a difficult position, as many of those attending the hearings -- representatives of the Judicial Yuan, lawmakers, law scholars and attorneys -- are against them.
The main argument of the justice ministry is that adding court approval to the procedure for searches would hamper the efficiency of criminal investigation.
In a public hearing held by the legislature's judicial committee last Thursday, Lee Hong-hsi (李鴻禧), a professor specializing in the study of the Constitution, showed his sympathy, if not approval, for the justice ministry 's stance.
"Prosecutors have in the past indeed overused their power of search. However, we need to seriously consider the question of 'how do we cope with `black gold?' if we are to limit prosecutors powers to such a degree that we tie their hands and feet.'"
Lee said that being a long-term advocate of human rights, he felt uneasy and hesitant over prosecutors retaining their power to conduct a search without the need for a warrant.
However, he said, he was concerned the country's current legal system was ready for such a change, as proposed.
He said that in Taiwan the backgrounds of prosecutors and judges are basically the same. He said the number and quality of judges raised doubts about the validity of the changes, that would entitle judges -- however junior and inexperienced -- to decide to grant or overrule prosecutors' requests for search warrants.
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