Opposition balks at DPP proposal

The DPP legislative caucus yesterday proposed a complementary set of amendments to be passed along with two proposed revisions to the Code of Criminal Procedure which would allow judges to dismiss criminal cases in which prosecutors fail to produce sufficient evidence to convict the defendants.

The DPP proposal has triggered a dispute between the Ministry of Justice and the Judicial Yuan.

The proposal, however, was immediately rejected by the KMT and PFP caucuses. Taking a stand similar to that of the Judicial Yuan, the two opposition caucuses want to have the two amendments passed as soon as possible without further complication.

The complementary measures were put forth on behalf of the Ministry of Justice, which is against the two amendments on the grounds that they would bring about too great an impact on prosecutors.

Tsai Huang-liang (蔡煌瑯), chief executive of the DPP legislative caucus, said his caucus supports the complementary measures because they would help make the reform more thorough.

Tsai said his caucus hopes to have the complementary bill sent directly to a second reading, skipping a committee review procedure, and passed together with amendments to articles 161 and 163 of the Code of Criminal Procedure.

As an alternative to the complementary measures, Tsai said the DPP proposed setting a sunrise clause for the implementation of the amendments, under which a buffer period of between one to three years would be allowed.

The two proposed amendments finished a Judiciary Committee review in late October and are expected to soon proceed to the second and final readings.

Further, the proposed amendments would conditionally free judges from the obligation of having to collect and investigate evidence to clarify cases under litigation.

According to Ministry of Justice officials, the number of prosecutors will have to be raised from 600 to 1,800 to put the reforms into effect.

KMT caucus whip Lee Cheng-chong (李正宗) said his caucus would not support the proposal for complementary measures or a sunrise clause, saying reform should not subject to any conditions.

Chou Hsi-wei (周錫瑋), convener of the PFP caucus, said the amendments to article 161 and 163 were proposed to better protect human rights, in light of the large number of people who are wrongfully accused every year.

Chou urged the DPP not to try to "kidnap" the reform bill by putting forth other amendments that have never been debated in a legislative committee.