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
Taipei has once again made it to the top 100 in Oxford Economics’ Global Cities Index 2025 report, moving up five places from last year to 60. The annual index, which was published last month, evaluated 1,000 of the most populated metropolises based on five indices — economics, human capital, quality of life, environment and governance. New York maintained its top spot this year, placing first in the economics index thanks to the strength of its vibrant financial industry and economic stability. Taipei ranked 263rd in economics, 44th in human capital, 15th in quality of life, 284th for environment and 75th in governance,
The Sports Administration yesterday demanded an apology from the national table tennis association for barring 17-year-old Yeh Yi-tian (葉伊恬) from competing in the upcoming World Table Tennis (WTT) United States Smash tournament in Las Vegas this July. The sports agency said in a statement that the Chinese Taipei Table Tennis Association (CTTTA) must explain to the public why it withdrew Yeh from the WTT tournament in Las Vegas. The sports agency said it contacted the association to express its disapproval of the decision-making process after receiving a complaint from Yeh’s coach, Chuang
Control Yuan Secretary-General Lee Chun-yi (李俊俋) tendered his resignation last night, admitting that he had misused a government vehicle, as reported by media. His resignation was immediately accepted by the Control Yuan. In a statement explaining why he had resigned, Lee apologized for using a Control Yuan vehicle to transport his dog to a pet grooming salon on May 20. The issue first came to light late last month, when TVBS News reported that Lee had instructed his driver to take the dog to the salon. The news channel broadcast photos that it said were taken by an unnamed whistle-blower, which purportedly showed the
A former officer in China’s People’s Liberation Army (PLA) who witnessed the aftermath of the 1989 Tiananmen Square massacre has warned that Taiwan could face a similar fate if China attempts to unify the country by force. Li Xiaoming (李曉明), who was deployed to Beijing as a junior officer during the crackdown, said Taiwanese people should study the massacre carefully, because it offers a glimpse of what Beijing is willing to do to suppress dissent. “What happened in Tiananmen Square could happen in Taiwan too,” Li told CNA in a May 22 interview, ahead of the massacre’s 36th anniversary. “If Taiwanese students or
RSS