The pan-blue caucuses yesterday finalized their version of a draft statute to regulate the investigative committee on the March 19 shooting, which would use the independent prosecutor system, while the Democratic Progressive Party (DPP) caucus continued to insist on the Control Yuan directing the committee's operation, with the Control Yuan president as the convener.
There seems to be little room for compromise since the proposals differ greatly. The pan-blue camp, however, could demand a vote on the bill on Tuesday since the four-month negotiation period is up.
PHOTO: LO PEI-TEH, TAIPEI TIMES
Given the pan-blue camp's legislative majority, its version is likely to pass, but the DPP caucus has threatened to demand a constitutional interpretation from the Judicial Yuan if that happens.
The pan-blue caucuses want the committee members be recommended by the caucuses -- but not be lawmakers or Control Yuan members -- and then the committee would choose its own convener.
The pan-blue caucuses also want the committee to have the power to gather evidence, investigate and prosecute, while the power to judge would remain with the judiciary.
Article 8 of the pan-blue's statute reads: "The investigations of criminal cases derived from the March 19 shooting incident should be conducted by the committee, but the execution of a judgment does not lie with the committee."
"The committee is bestowed with the legal power of a prosecutor or a military prosecutor when exercising investigatory power," the article says, adding that "The committee can temporarily transfer a prosecutor or a military prosecutor from his original unit to the committee upon the prosecutor's consent so the prosecutor can help the committee investigate the incident."
The pan-blue bill also states that there is no time limit to the probe.
The DPP caucus said its rivals' version would give the committee too much power and would turn its members into prosecutors. The caucus said the committee should operate within the the framework of the Constitution and respect the Control Yuan and judiciary's power.
In the DPP caucus' version, the Control Yuan president would convene the investigation committee and hire its members. Any evidence the committee might find of a criminal case would be transferred to prosecutors for investigation.
The DPP version also stipulates that the committee should release a report within six months of the promulgation of the statute.
"Within the existing constitutional framework, the power of criminal investigation is exercised by the prosecutors, the power of judgment is exercised by the judges and administrative investigations are conducted by the Control Yuan," DPP Legislator You Ching (尤清) said.
"If we adapt the pan-blue version, the committee members would be representatives of the legislative caucuses, but their powers would be greater than those of prosecutors and the constitutional system will be destroyed," You said.
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