The Judicial Yuan and the Ministry of Justice should adopt an amendment to the Code of Criminal Procedure (刑事訴訟法), which currently allows prosecutors to place restrictions on an accused’s place of residence without a court order, to better safeguard people’s constitutional right to freedom of migration, Control Yuan members said yesterday.
The Control Yuan tabled an investigation report promulgated by Control Yuan members Lee Ful-dien (李復甸) and Yeh Yao-peng (葉耀鵬), in which the pair urged Taiwan’s judicial agencies to include an amendment to mandate that a residence restriction can only be ordered after being permitted by a court.
According to Article 228 of the Code of Criminal Procedure, a public prosecutor may impose upon examination a limitation on an accused’s residence if they comply with a summons, voluntarily surrender or accept such a limit of their own free will. Residence limitation is also the main legal basis for the placement of restrictions of exit on a defendant.
“Although the placement of residence restriction has its legal necessity, it is still tantamount to other lawful actions such as search, arrest and detention, as all are forms of restricting people’s freedom,” Lee said.
While the execution of search, arrest and detention orders all need a court’s permission, the law must not empower public prosecutors or other administrative officers to order a placement of residence restriction at will, Lee added.
Citing Article 10 of the Constitution, which guarantees freedoms of residence and change of residence, Lee said granting prosecutors the right to limit people’s residence constituted a violation of the Constitution.
In this regard, the Judicial Yuan and the ministry must propose an amendment to the Code of Criminal Procedure, Lee said, so as to abide by the Constitution and to fulfill Taiwan’s obligations under the UN’s International Covenant on Civil and Political Rights.
Pointing to defendants under residence restrictions who still suffer from such limitations even after being acquitted in a first trial, Lee said such actions also violated the Constitution and urged relevant agencies to write an amendment to the law to reflect this.
Translated by Stacy Hsu, staff writer
The Taipei Mass Rapid Transit (MRT) Wanda-Zhonghe Line is 81.7 percent complete, with public opening targeted for the end of 2027, New Taipei City Mayor Hou You-yi (侯友宜) said today. Surrounding roads are to be open to the public by the end of next year, Hou said during an inspection of construction progress. The 9.5km line, featuring nine underground stations and one depot, is expected to connect Chiang Kai-shek Memorial Hall Station to Chukuang Station in New Taipei City’s Jhonghe District (中和). All 18 tunnels for the line are complete, while the main structures of the stations and depot are mostly finished, he
The first global hotel Keys Selection by the Michelin Guide includes four hotels in Taiwan, Michelin announced yesterday. All four received the “Michelin One Key,” indicating guests are to experience a “very special stay” at any of the locations as the establishments are “a true gem with personality. Service always goes the extra mile, and the hotel provides much more than others in its price range.” Of the four hotels, three are located in Taipei and one in Taichung. In Taipei, the One Key accolades were awarded to the Capella Taipei, Kimpton Da An Taipei and Mandarin Oriental Taipei. Capella Taipei was described by
Taipei is to implement widespread road closures around Taipei 101 on Friday to make way for large crowds during the Double Ten National Day celebration, the Taipei Department of Transportation said. A four-minute fireworks display is to be launched from the skyscraper, along with a performance by 500 drones flying in formation above the nearby Nanshan A21 site, starting at 10pm. Vehicle restrictions would occur in phases, they said. From 5pm to 9pm, inner lanes of Songshou Road between Taipei City Hall and Taipei 101 are to be closed, with only the outer lanes remaining open. Between 9pm and 9:40pm, the section is
The Taipei Economic and Cultural Office in Vancouver, Canada, on Saturday hosted a reception to celebrate Double Ten National Day. Conservative Canadian lawmaker Marc Dalton called Taiwan a “beacon of courage and resilience in the face of rising authoritarianism,” according to a post on the Taiwan in Vancouver Facebook page. Also in attendance were fellow conservative caucus members Tako Van Popta and Chak Au, who said that Taiwan plays an “indispensable role” in ensuring global peace, prosperity and stability due to its strategic position in the Indo-Pacific region, it said. Canadian lawmaker Michael Cooper also recorded a message wishing Taiwan a
RSS