The High Court yesterday upheld a lower court ruling that former president Chen Shui-bian (陳水扁) cannot be prosecuted for money laundering in a case linked to the appointment of former Taipei 101 chairperson Diana Chen (陳敏薰), citing the expiration of the statute of limitations.
The court found that the statute of limitations expired on Dec. 25, 2022, and dismissed prosecutors’ appeal against the Taipei District Court’s decision to exempt Chen from prosecution without holding oral arguments.
The ruling can be appealed.
Photo: George Tsorng, Taipei Times
The case stemmed from a bribery case in which Chen and his wife, Wu Shu-jen (吳淑珍), were convicted of accepting NT$10 million (US$324,726) from Diana Chen in exchange for helping her secure the Taipei 101 chairmanship.
Both were sentenced to eight years in prison, with the verdict finalized years ago.
During the bribery proceedings, the High Court found that Chen Shui-bian had also been an accomplice to money laundering, prompting Taipei prosecutors to reopen the case and file new charges.
The Taipei District Court suspended the trial in 2015 after doctors concluded that the former president, who suffers from multiple health issues, was unfit to appear in court.
The court said that under the former Money Laundering Control Act (洗錢防制法), the offense carried a maximum prison sentence of five years and a 10-year statute of limitations, which was extended by one-quarter (2.5 years) due to the suspension of proceedings.
The trial panel calculated that the alleged offense ended on Jan. 25, 2006.
Including the 10-year statutory period, the two-and-a-half-year suspension, four years and seven days of prosecutorial proceedings, and three months and 18 days of court hearings before the suspension, the total prosecution period came to 16 years and nine months.
As the time limit has long expired, the court ruled that Chen Shui-bian cannot be prosecuted.
Prosecutors appealed, arguing that the district court had erred by ruling without giving both parties an opportunity to be heard.
The High Court agreed and remanded the case for retrial.
In the retrial in May last year, the Taipei District Court again concluded that the prosecution period had already lasted 16 years and 10 months, far exceeding the legal limit, and ruled in favor of non-prosecution.
Prosecutors appealed again, arguing procedural errors and that the time limit had been miscalculated, but the High Court yesterday rejected the claims, confirming that the statute of limitations had expired and maintaining the ruling ending the prosecution.
Citing medical reports from Kaohsiung Chang Gung Memorial Hospital, the High Court added that Chen’s health condition remains unchanged, making it impossible to resume proceedings.
Chen, who served as president from 2000 to 2008, was sentenced to 20 years in prison for multiple corruption cases and released on medical parole in 2015.
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