Prosecutors recently have come under heavy media criticism for alleged reckless investigations. The Taipei Association (
The criticism represents a stunning blow to prosecutors executing the crackdown. Unless prosecutors embark on some soul-searching or become more self-disciplined, there is no prospect of rosy results from the crackdown.
Given the depth and scope of black gold politics in Taiwan, the nation is bound to spiral downward if the crackdown fails.
The prosecutors have complied with the laws in their recent investigations without incurring accusations of wrongdoing. The public is entitled to probe the legitimacy and necessity of investigations, however.
It is hard to determine the necessity of a raid without a complete, detailed review of the evidence. Prosecutors are not at liberty to publicize the details of investigations, however, and therefore cannot present evidence to justify the raids. Negative media comments made before an investigation has concluded therefore seem premature and unfair.
In order to create a new judicial milieu and win the trust of the public, prosecutors must adopt self-discipline and a sound and solid approach to investigative work.
But the question remains: what are the rudiments of a prosecutor's discipline? First of all, the right mentality is a must. During an investigation, a prosecutor should keep the investigation confidential and shy away from the spotlight. He should not make unnecessary disclosures or behave arrogantly.
Next, he should have a clear concept of human rights. Sanctions against suspects in the course of investigations may well intrude on rights and should neither be ruled out nor taken without regard for human rights. He should consider the details of each case carefully and seriously.
Third, prosecutors must be objective. No subjective judgements, no preconceived assumptions. He should not be searching for evidence to substantiate a before-the-fact suspicion about somebody's links to black gold.
Fourth, he must interpret the evidence in accordance with the law of evidence. A disciplined prosecutor is able to distinguish consistent evidence from contradictory evidence, making deductions on the basis of logic.
Fifth, he must be self-composed and courageous. He has to prioritize his moves and take action step by step.
Sixth, he should respond skillfully while grappling with problems. Aside from searching for evidence on a scientific basis, he must not rely unduly on informants or confessions.
Seventh, a prosecutor must maximize his communication channels. He should assign missions appropriately within his jurisdiction in such a way as to avoid repetitive probes and save resources.
Eighth, he must be a good manager of time. Giving top priority to vital matters and preventing the loss of evidence, a prosecutor should take necessary action at the right time.
Ninth, he should pay attention to the characteristics of all the different judicial and police organizations in order to utilize each institution's functions and tap into its talents to the fullest.
Tenth, he should hold the discipline of teamwork in high regard. While contributing to achievements, a prosecutor remains humble and doesn't show off.
The elimination of black gold is one of the most urgent matters currently facing Taiwan. It is also the historic responsibility of prosecutors. Only with prudent self-discipline and legitimate action will prosecutors be able to regain support from the Taiwanese public.
Chu Nan is chief prosecutor at the Taichung District Prosecutors' Office.
Translation by Gatian Wang
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