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Mon, Oct 30, 2000 - Page 3 News List

Lawmakers may limit prosecutors' powers

OBJECTION Restricting prosecutors' powers of search and seizure could undermine the fight against `black gold' and cause further difficulties, say detractors

By Jou Ying-cheng  /  STAFF REPORTER

While the justice ministry prefers to keep the status quo, the main argument between scholars is whether the court's examination of the prosecutor's request for a warrant should be required before or after the search, and what other alterations to the legal system should be introduced.

Those who advocate pre-search examination also agreed that exceptions should be made in emergency circumstances.

The four versions of draft amendments now in the legislature all advocate pre-examination but only one mentions an exception in emergency cases.

None of the drafts, however, answers the question of how the legal system as a whole should be reformed to ensure justice and efficiency of search and resolves doubts about the capability of judges.

Such a lack of an overall solution puts the justice ministry in a difficult situation.

While the ministry recognizes that the prosecution's power of search and seizure may be limited in some way, it is also unwilling to provide its own version of amendments for fear that in doing so, it too would undermine prosecutors, a justice ministry prosecutor said.

"If we change our stance at this point it would make prosecutors feel the Ministry of Justice has given up on them," he said.

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