The Supreme Court on Thursday 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) because the statute of limitations has expired.
In a brief statement, the Supreme Court said it found no errors in the lower court’s ruling and rejected an appeal by Taipei prosecutors, making the decision final.
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$318,634) 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.
Photo: Taipei Times
During the bribery proceedings, the High Court found 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 May 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 (two-and-a-half years) due to the suspension of proceedings.
The trial panel calculated 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 Chen Shui-bian could not be prosecuted.
Prosecutors appealed, saying the district court had erred by ruling without giving both parties an opportunity to be heard.
The High Court remanded the case for retrial.
In May 2024, the Taipei District Court again concluded 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. In October last year, the High Court found the statute of limitations had expired on Dec. 25, 2022, and dismissed prosecutors’ appeal to exempt Chen from prosecution without holding oral arguments.
Prosecutors filed another appeal, and the Supreme Court upheld the ruling on Thursday.
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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