Legislative Committee Fails to Reach Consensus on Shortening Detention Period, Postpones Review

(Central News Agency reporter Wang Yang-yu, Taipei, 11th) The Judiciary and Organic Laws Committee of the Legislative Yuan today discussed the provisions of the Code of Criminal Procedure amendment proposed by KMT legislators regarding the shortening of detention periods. After approximately two hours of discussion, attending legislators and officials failed to reach a consensus. Before adjourning, Committee Convenor Weng Hsiao-ling stated that this case and two others would be scheduled for continued review at a later date.

The Judiciary and Organic Laws Committee of the Legislative Yuan today continued to jointly review the draft amendment to Article 108 of the Code of Criminal Procedure proposed by KMT legislators Weng Hsiao-ling and Lin Chien-chi. Secretary-General of the Judicial Yuan Kao Chin-chih and Deputy Minister of Justice Huang Mou-hsin attended to provide explanations.

The current Article 108 of the Code of Criminal Procedure stipulates that the detention of a defendant shall not exceed two months during investigation and shall not exceed three months during trial.

The version proposed by Weng and Lin shortens the maximum detention period during investigation to one month and during trial to two months. The extension of the detention period shall not exceed one month during both investigation and trial.

Weng emphasized that this amendment is not tailored for any specific case but aims to adjust the system to encourage relevant personnel to handle cases more proactively, helping to urge prosecutors and police to complete preliminary investigations and decisions on indictment more quickly.

KMT legislator Wu Tsung-hsien, a former prosecutor, stated that when reviewing the provisions, his primary consideration is always whether they can be implemented in practice, and whether there is a need for amendment and supporting measures.

Wu argued that criminal investigations are not like shopping at a market where everything is already prepared; in many cases, investigations must be conducted layer by layer. Based on his past experience, a case might require two months of detention and a two-month extension, and many cases cannot be fully investigated within this four-month period. Moreover, many cases now involve cross-border investigations, which require significant time for data exchange. He warned that such an amendment could cause criminal investigations to collapse and urged careful deliberation.

Taiwan People's Party legislator Chen Ching-lung stated that the TPP caucus did not propose any amendment to Article 108. He emphasized that any amendment should be based on thorough committee discussions, not on the experience or process of any individual case. He suggested retaining the current provision if no consensus could be reached among the parties.

Democratic Progressive Party legislator Chuang Jui-hsiung expressed hope that the ruling and opposition parties would carefully consider the matter and examine from a practical perspective whether such an amendment would impact actual operations.

DPP legislators Fan Yun and Chang Ya-lin stated that this amendment is a significant matter and hoped that a public hearing would be held for thorough discussion, rather than retaining the provision without consensus and then deciding through voting.

Kao Chin-chih stated that detention should not be used as a means to extract confessions. The Judicial Yuan has consistently reminded judges to prioritize the necessity and ultima ratio of detention and has actively promoted alternative measures to detention. However, some cases require such a period to ensure the smooth progress of trials and the execution of future judgments.

After approximately two hours of discussion, the committee failed to reach a consensus. Weng asked the attending legislators whether the case should be retained and sent for negotiation. DPP legislator Shen Fa-hui advocated for scheduling continued review rather than forcing a decision. As it was noon, Weng announced a recess until 1:30 PM to continue the discussion.

After the afternoon session began, Weng stated that legislators had many opinions on the amendment to Article 108. She believed that judicial reform, especially concerning the long-standing detention system, requires careful study. Noting that Legislative Yuan President Han Kuo-yu was scheduled to chair a cross-caucus negotiation in the same conference room at 3 PM, Weng announced that items 3 to 5 on the agenda, which include the Code of Criminal Procedure amendments, would be scheduled for continued review at a later date. (Editor: Su Lung-chi) 1150611