Minister of Justice Chen Ding-nan (
The controversy occurred after prosecutors searched KMT Legislator Liao Hwu-peng's (
In response to the search, legislators held a cross-party meeting yesterday morning and, after negotiations, agreed that prosecutors should first get approval from the speaker of Legislative Yuan before carrying out a search and seizure at any place within the confines of the legislature and, secondly, that the Ta-an Complex should be defined as being part of the confines of the legislature.
But the justice minister did not accept their conclusions. "Conclusions made from party negotiations shall not violate or override the Constitution and current law," Chen said. "According to Article 149 of the Criminal Code, when searching public offices, prosecutors are required only to inform the official in charge or his representative. The approval of the official, however, is not a prerequisite for the search," Chen said.
"Whether a search of the legislature should be approved by the speaker is a constitutional matter," he said. "As for whether the ROC Constitution and related laws should be amended accordingly -- that is not something the ministry is concerned about," Vice Minister of Justice Hsieh Wen-ting (
The justice ministry also insisted that the prosecutors' search of Liao's research office at a legislative building was legal.
"The prosecutors did inform the chief officer at the building. It might be disputable whether he was the official in charge, but at least he can be seen a representative," the statement said.
Chen yesterday apologized to Liao -- but for comments made by the High Court Prosecutor-General's comments concerning the case, rather than for the search itself.
High Court Prosecutor-General Lin Jie-der (
"I apologize to legislator Liao for the harm caused by the release of unconfirmed information during the investigation," Chen announced at a meeting attended by legislators and ministers. Earlier in the meeting, Liao lodged a complaint about the search.
Meanwhile, Tainan District Prosecutors' Office also held a press conference yesterday regarding the search. "We never meant to challenge the dignity of the legislature," said Deputy District Prosecutor-General Chao Chung-Yueh (
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