Legal professionals had mixed reactions over an interpretation the Council of Grand Justices handed down on Friday that denial of access to case files for defendants and their lawyers is unconstitutional.
Interpretation No. 737 struck down provisions in Articles 33 and 101 of the Code of Criminal Procedure (刑事訴訟法), and was widely seen as advancing the rights of defendants, by allowing direct access to case files during bail hearings, which is also perceived as a blow to prosecutors.
Judicial Yuan Secretary-General Lin Chin-fang (林錦芳) said that two articles in the Code of Criminal Procedure had contravened the spirit and intent of Articles 8 and 16 of the Constitution, which guarantee people’s personal freedom and right to due process, adding that people have the right to present petitions, lodge complaints and institute legal proceedings.
The issue arose from a criminal prosecution of former Taipei city councilor Lai Su-ju (賴素如) of the Chinese Nationalist Party (KMT), after she was implicated in a corruption scandal in 2013 in which she was accused of taking millions of New Taiwan dollars in bribes related to the Taipei Twin Towers development project.
Some lawyers welcomed the interpretation, saying it was a step toward better protection of citizens’ rights and upheld people’s rights to legal defense.
Lawyer Huang Shih-han (黃仕翰) said the decision is good for legal professionals dealing with the judicial process, but added that “some rules should set out how far it should go, and some limits should be imposed on the right to access case files.”
Huang cited the trial for espionage of China’s Zheng Xiaojiang (鎮小江), in which military secrets were allegedly leaked, and other cases involving national security and highly sensitive government materials, saying: “If defense lawyers were to access and read up on the case files, it might interfere in prosecutors’ work on an investigation. There is also a likelihood of the accused and the defense team destroying or tampering with evidence if they know the direction and focal points of the investigation.”
Grand Justice Wu Chen-huan (吳陳鐶) wrote a dissenting opinion on Friday’s interpretation, in which he said the Constitutional interpretation should have imposed restrictions on cases which “might have endangered national security” and “situations with the need to preserve vital public interests.”
Wu wrote that under such conditions, there should be a ban or limitation on access to information regarding the court’s cited reasons for imposing detention, adding that as this was not done in the interpretation, he disagrees with the majority decision.
He said he also disagreed with the interpretation’s wording, in which the term “the accused” from the cited Code of Criminal Procedure articles was replaced by “the suspect,” which Wu said contravenes the principle regarding division of judicial authorities.
Wu said that Code of Criminal Procedure Article 33, which states: “A defense attorney may examine the case file and exhibits, and make copies or photographs thereof,” pertains to trial procedures in court, and not bail hearings for the detention of an accused during investigation, so the article should not have been included in the interpretation.
Lawyer Lin Chu-feng (林俊峰), a former prosecutor, said he had mixed feelings about the interpretation.
“When I was a prosecutor, I would have opposed this decision, because by accessing case files, the defense can find out details of the investigation, and this could certainly lead to interference and destruction or tampering with evidence,” he said.
“However, looking at things from a lawyer’s viewpoint, a court’s denial of the defense to access case files violates people’s rights,” he said.
The Ministry of Economic Affairs has fined Taobao NT$1.2 million (US$36,900) for advertisements that exceeded its approved business scope and ordered the Chinese e-commerce platform to make corrections in the first half of this year or its license would be revoked. Lawmakers have called for stricter supervision of Chinese e-commerce platforms and more stringent measures to prevent China from laundering its goods through Taiwan as US President Donald Trump’s administration cracks down on origin laundering. The legislature’s Finance Committee yesterday met to discuss policies to prevent China from dumping goods in Taiwan, inviting government agencies to report on the matter. Democratic Progressive Party
Taiwan and its Pacific ally Tuvalu on Tuesday signed two accords aimed at facilitating bilateral cooperation on labor affairs, according to Taiwan’s Ministry of Foreign Affairs (MOFA). The governments inked two agreements in Taipei, witnessed by Foreign Minister Lin Chia-lung (林佳龍) and visiting Deputy Tuvaluan Prime Minister Panapasi Nelesone, MOFA said in a news release. According to MOFA, the agreements will facilitate cooperation on labor issues and allow the two sides to mutually recognize seafarers’ certificates and related training. Taiwan would also continue to collaborate with Tuvalu across various fields to promote economic prosperity as well as the well-being of their
Taiwan would welcome the return of Honduras as a diplomatic ally if its next president decides to make such a move, Minister of Foreign Affairs Lin Chia-lung (林佳龍) said yesterday. “Of course, we would welcome Honduras if they want to restore diplomatic ties with Taiwan after their elections,” Lin said at a meeting of the legislature’s Foreign Affairs and National Defense Committee, when asked to comment on statements made by two of the three Honduran presidential candidates during the presidential campaign in the Central American country. Taiwan is paying close attention to the region as a whole in the wake of a
NEW WORLD: Taiwan is pursuing innovative approaches to international relations through economics, trade and values-based diplomacy, the foreign minister said Taiwan would implement a “three-chain strategy” that promotes democratic values in response to US tariffs, Minister of Foreign Affairs Lin Chia-lung (林佳龍) said. Taiwan would aim to create a “global democratic value chain,” seek to capitalize on its position within the first island chain and promote a “non-red supply chain,” Lin was quoted as saying in the ministry’s written report to the Legislative Yuan submitted ahead of the legislature’s Foreign Affairs and National Defense Committee meeting slated for today. The Ministry would also uphold a spirit of mutual beneficial collaboration, maintaining close communication and consultations with Washington to show that Taiwan-US cooperation
RSS