Legal workers said yesterday that the newly amended Code of Criminal Procedure
"Everybody's ideas about the legal process has to follow the changes to the law and this is the most difficult part of the judicial reforms," said lawyer Nigel Lee (李念祖).
Lee said one of the things that will have to change is the police practice of calling a press conference when they have caught a suspect. In the past, police would use those conferences to display the suspect and announce that they had successfully closed the case.
Lee said he understood the political motivation for such practices, but objected to them.
"How can you call a man a criminal before he is convicted?" Lee asked. "When the suspect shows his face in public to the cameras, it is actually telling everybody that `this is the man,' which is not fair."
Lee suggested that Article 41 of the code should also be amended, because it violates human rights. The last paragraph of that article currently states that "The person examined shall be ordered to add his signature, seal, or fingerprint immediately following the last line of the notes pertaining to him."
This is the part Lee most strongly objects to.
"Since the suspect has the right to remain silent, I think he is not obliged to say anything or sign anything that may be used against him in court," he said.
Lee made his remarks at a symposium in Taipei held by the Judicial Reform Foundation (民間司法改革基金會) and a local Chinese-language newspaper.
The amendments to the code were adopted by lawmakers on Jan. 14 and will become effective on Sept. 1. According to the Judicial Yuan, the changes to 136 articles of the Code of Criminal Procedure were designed to bolster the rights of defendants and make radical changes to the criminal- justice system.
Included among the changes is a requirement that law-enforcement officers clearly inform arrested suspects that they have the right to remain silent and the right to hire their own attorneys.
In addition, there must be at least two law-enforcement officers -- including prosecutors or police officers -- present during the interview of a suspect. The entire process must be recorded by a video camera or tape recorder.
A further amendment states that defendants' and plaintiffs' testimonies may no longer be regarded as the primary evidence at trial, nor as the primary evidence behind a verdict, unless that testimony is supported by "sufficient evidence."
Taiwan High Court Prosecutors' Office Prosecutor Eric Chen (陳瑞仁) used the Hsichih Trio murder case as an example of how the rule changes would affect a case.
"Decades ago, it was very difficult for us to find a qualified coroner when we need help for a forensic report," Chen said. "That is part of the reason why `sufficient evidence' in this case would be missing."
Chen said that the changes to the law would present challenges for law enforcement officers in future cases.
"Why did most prosecutors take suspects' testimonies as the primary evidence at a trial? Because their testimonies usually led us to discover other sufficient evidence," Chen said.
"For example, when a murderer tells you that he threw the knife into the Tamsui River, it will at least give you a start about where to begin your search. Otherwise, you will be lost and do not know where to start, he said.
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