Changes to criminal law in the cards

Despite strong protests from the Ministry of Justice, two proposed revisions to the Code of Criminal Procedure are expected to pass the legislature before the session ends next month.

The lawmaking body is poised to call a vote on the bill when legislators return from the Christmas holidays and a solid majority have signaled support for the legal overhaul.

At issue are two suggested amendments to articles 161 and 163 of criminal procedural rules that allow judges to dismiss criminal cases in which the prosecutors fail to produce sufficient evidence to convict the defendants.

Also, the bill proposes to conditionally free the judges from the obligation of having to collect and investigate evidence to clarify cases under litigation.

People First Party lawmaker Chou Hsi-wei (周錫瑋), who headed the cross-party discussion on the issue Friday, has said he is confident the bill will be adopted when introduced on the floor later this month or early next month.

Government statistics show that 15,785, or 10 percent, of the people indicted were absolved from the charges against them last year alone. The figure was 18,787 for the year 1999.

DPP legislator Lin Chung-cheng (林忠正), who is a member of the legislature's Judiciary Committee, expressed dismay at the large number of people wrongfully accused.

"The data suggest 54,000 victims each year suffer from arbitrary prosecution," Lin said. "The social costs involved are prohibitive."

It takes an average of three years for defendants to go through the legal proceedings.

Eager to score points, some prosecutors have appeared foolhardy in an attempt to crack down on alleged illegal activities.

The indictment filed against former Tainan City mayor Chang Tsan-hung (張燦鍙), for instance, states: "Chang must have been responsible for the corrupt practices of an aide in light of their close connections."

The indictment also showers praise on Minister of Justice Chen Ding-nan (陳定南), saying Chen set an example of being a clean local administrator when he worked as Ilan County commissioner.

Tang Jinn-chuan (湯金全), an-other DPP lawmaker, also gives his approval for the criminal justice reform.

A former lawyer, prosecutor and judge, Tang argues the bill is designed to enhance the quality of prosecution rather than tie its hands.

"It is only reasonable to ask prosecutors to exercise caution and prudence before pressing charges against the accused," he said.

But the justice ministry contends the planned reform will sharply increase the workload of prosecutors.

Tsai Pi-yu (蔡碧玉), director of the ministry's prosecutorial affairs department, estimated that the number of prosecutors will have to be raised from 600 to 1,800 to put the reform into effect.

She said the ministry is slated to add 42 prosecutors next year and that they will receive a two-year training course before being given assignments.

But the Judicial Yuan maintains no concomitant measures are necessary, as three district courts have experimented with the proposed reform and have reported no difficulty.

KMT lawmaker Kao Yu-jen (高育仁) agreed, saying the public has frowned on the judiciary and the reform will mark a significant step forward in the country's human rights protections.