Days before he was due to be sentenced for corruption, former CPC Corp, Taiwan executive Hsu Han (徐漢) went missing after removing his ankle monitor. Since January 2022, when NT$27.1 million (US$850,062) in cash was seized from his office, until March 19, when the judicial electronic monitoring center found the broken ankle monitor abandoned in Wanluan Township (萬巒), this story is emblematic of a broader crisis of public faith in the judicial system.
If such a high-profile defendant is able to escape while being ostensibly monitored, what on earth has gone wrong with our institutions?
Electronic monitoring is a crucial alternative measure to prolonged detentions and, as a bail condition, offers a safeguard against flight risks before trial. This case shows there are clearly still gaps in the enforcement and functionality of ankle monitors.
The incident has also flagged the bail system for increased scrutiny. It is worth asking whether monetary bail is an appropriate primary restraint for a defendant involved in large-scale corruption with vast finances and the ability to escape punishment. For the very wealthy, bail sums do not pose an effective deterrence.
The social perception implications are hard to overlook. The essential foundation of the judicial system is trust; once people start to feel that the law can be flouted by the powerful, the legitimacy of the entire structure is undermined. The blow to any public sense of justice and fairness is particularly hard if it is in a high-level corruption case in which the accused is able to flee.
There should be thorough review of technological standards and contingency mechanisms for electronic monitoring devices, and high-risk defendants must be subject to stricter management classifications. Assessment criteria for bail and detention should be reviewed, taking concrete indicators of flight risk, financial capacity and case severity into account for each judgement.
Rule of law is not just about having supporting institutions in name only; it is about whether those institutions are effective. Discrepancies between technological monitoring capabilities and legal frameworks can be exploited. Our focus cannot remain wrapped up in the drama of this case. It is not just an ankle monitor that is in need of repair, but the justice system’s foundation of social trust.
Han’s disappearance shows the limitations of our system in coordinating a response. If electronic monitoring systems are not integrated with the police, immigration and border control authorities, then it might be too late to intervene once the alarm is sounded. A real-time, cross-agency mechanism to respond to anomalies should be established, one that can immediately trigger tracking, reporting and synchronized restrictions on transportation and exit routes to improve overall flight prevention.
At the same time, accountability mechanisms must be improved. If a monitoring device is destroyed or a defendant successfully escapes, the review, supervision and enforcement processes should be thoroughly reassessed. Establishing a culture of accountability, where what went wrong can be found and fixed, is essential to prevent recurring loopholes.
In high-risk criminal cases, how should security and convenience of handling be balanced? Electronic monitoring was designed to reduce rights infringements from prolonged detention, but this can only work if the risks are effectively controlled. The direction for future reforms should not just be in expanding or reducing detentions, but in establishing precise risk classifications and ensuring that every choice comes with appropriate and corresponding safety measures.
Roger Lo is a freelancer.
Translated by Gilda Knox Streader
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