Prosecutors' Association Urges Lawmakers to Scrutinize Criminal Procedure Bill, Warns of Impact on Investigative Functions

(Central News Agency, reporter Xie Junlin, Taipei, 9th) The Prosecutors' Association stated today that the Judicial Committee of the Legislative Yuan will review a draft amendment to the Criminal Procedure Code. The draft proposes deleting detention grounds for collusion with accomplices or witnesses and shortening detention periods, which would seriously affect normal investigative functions and condone the concealment of criminal activities. The association calls on lawmakers from all parties to consider this carefully.

In a press release, the Prosecutors' Association stated that the retreat of detention and compulsory measures will hollow out investigative functions and increase risks for major cases and public safety. Regarding the Judicial and Organic Laws Committee's plan to review the draft amendment to the Criminal Procedure Code, the association expressed opposition to the content of the amendment and urged lawmakers to think carefully, not to create obstacles to investigations, and not to endanger public order and the rule of law.

According to the press release, the association opposes the deletion of the detention ground of "risk of collusion." Deleting this clause would effectively allow collusion, enabling criminal group members to collude without scruples, conceal financial flows, fabricate testimony, and interfere with investigative procedures. This would severely impact evidence collection, asset tracing, and the construction of criminal facts, benefiting the defendant while hindering criminal prosecution, and doing no good for the rights of crime victims or the legal interests of the state and society.

The association stated that if the amendment is disconnected from investigative practice, it will severely weaken law enforcement capabilities. The association opposes amendments including "advancing the start of the statutory time limit," "halving the detention period," "prohibiting handcuffing during interrogation," and "requiring advance notice for changing to detention in the second instance."

According to the press release, the draft stipulates that the 24-hour statutory time limit for applying for detention must start from the moment the police or prosecutors initiate a search or "order someone to remain at the scene," which extremely compresses the time for tracing sources at the beginning of an investigation. During a search, physical evidence is not yet clear, making substantive questioning impossible. The draft advances the start time for the questioning phase to the "search procedure," which not only confuses the nature of the two procedures but also severely compresses the actual time for questioning and interrogation by prosecutors, police, and investigators.

The association believes the draft reduces the detention period during investigation from two months to one month. For complex major corruption, drug, or fraud cases involving organized crime or cross-border money laundering, this would force courts and prosecutors to abandon detention due to time constraints, preventing the full revelation of criminal facts.

The association also believes that blindly prohibiting the restraint of a suspect's or defendant's body during interrogation may ignore the actual needs of the investigation scene and place frontline law enforcement personnel in danger of violence.

Furthermore, the draft requires that before a second-instance court can revoke an original bail decision and order detention, it must first summon the defendant for a hearing. The association stated that this is equivalent to giving a "tip-off" or "advance notice of detention" to the suspect, directly encouraging them to flee while on bail. It cited examples like Zhu Guorong and Zhong Wenzhi, defendants in major financial crime cases who meticulously planned and successfully fled while on bail during the appeal process, remaining at large to this day. The association argued that the judiciary and society should be strengthening measures to prevent such escapes, not creating "escape advance notices" for defendants.

The association emphasized that the law is the last line of defense for human rights and social justice, and should possess objectivity, universality, and stability. The Criminal Procedure Code is the basic procedural norm for prosecuting crimes and realizing the state's penal power. The procedure must protect the defendant's human rights while also safeguarding the victim's rights and interests, with the outcome reflecting fairness and justice.

The association believes that compulsory measures should be exercised cautiously, and judicial reform should be pursued. However, law enforcement capabilities cannot be weakened, and public safety cannot be compromised. "We urge all lawmakers to carefully review this amendment and not to create a bigger hole in the pursuit of criminal justice due to a momentary bias." (Editor: Xiao Bowen) 1150609