Prosecutors of Taiwan

    Taiwan's Prosecutors, criticism
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Taiwan

Taiwan prosecutors

chief prosecutors involve scandal of the century,
prosecutors followed orders to conclude cases

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China Times, 2023-7-30

Taiwan vice president Lai Ching-te says there is a long long way to go before the legal reform satisfying the public. In 2019, Mr. Lai said the legal reform will be half way done if we can eliminate rotten and illegal judges and prosecutors. chinatimes.com/opinion/20230730002752-262101?chdtv

Tens of thousands joined a protest in Taipei, their main demand was to express dissatisfaction with judiciary and housing price. the KMT's Hou You-yi says judicial reform is an empty shell, Terry Guo says both policy are "bad checks", Dr. Ko Wen-je of Taiwan People's Party says the public do not trust our legal system. udn.com/news/story/123619/7304940?from=udn_ch2cate6638sub123619_pulldownmenu_v2

★ TaiwanPlus, 2023-3-6	Taiwan Poll Finds Widespread Public Mistrust of Prosecutors. A poll has found that 85% of people in Taiwan think public prosecutors can be subject to political influence. More than half responded they were unsatisfied with recent judicial reforms, and a majority said they believed prosecutors engage in corruption behaviour when handling cases msn.com/en-us/news/opinion/taiwan-poll-finds-widespread-public-mistrust-of-prosecutors-taiwanplus-news/vi-AA18glWE
★ United Daily , editorial , 2023-8-21	Taiwan's judiciary is inactive in major cases, but gives heavy penalties to minor cases / The public's long-standing mistrust of the judiciary lies in wanton abuses of enforcement power, very doubtful measurements of penalties or unclear standards by the prosecutor/judges, too light or too heavy of the judgments; e.g., the prosecutors did nothing to a NT$ billions suspected cases - HsinChu City Baseball Court, but gave 12-years sentence to a NT$8000 case. udn.com/news/story/7338/7382647?from=udn_ch2_menu_v2_main_cate
★ China Times, editorial , 2023-4-10	an anti-corruption union is what Taiwan needs, KMT earns public trust on anti-corruption issue? ...The vaccine procurement case involving huge profits is full of doubts, but the prosecutors and investigation gov. don't even touch it ! chinatimes.com/opinion/20230410004586-262101?chdtv
★ United Daily, 2023-4-1	Taiwan judiciary suppresses the opposition, lets go the ruling party (打壓在野黨輕縱執政黨司法想當鷹犬？) udn.com/news/story/11091/7072002?from=udn_ch2cate6643sub11091_pulldownmenu_v2
★ United Daily, 2023-4-23	Taipei chief prosecutor steps down for low degree of adaptability (on HsinChu city mayor Ann Kao's case), disappointing the top ranking。Some other prosecutors did good job on major political cases got promotion. udn.com/news/story/7338/7116838?from=udn_ch2cate6643sub7338_pulldownmenu_v2

Take a lesson from S. Korea ! their judiciary dares to strictly investigate and severely punish presidents. The only solution to avoid a rotten Taiwan is an independent prosecutor system udn.com/news/story/7338/7195377?from=udn-catehotnews_ch2

★ US Country Reports on Human Rights Practices released at 2022-4-12 (state.gov/reports/2021-country-reports-on-human-rights-practices/taiwan/):

nthe Ministry of Justice and the Judicial Yuan referred six officials to the Control Yuan for criminal investigation, including former minister of justice Tseng Yung-fu, former prosecutor general Wu Ying-chao, and two others for investigation of noncriminal misconduct, including Supreme Administrative Court judge..., the Judicial Yuan referred six former judges to the Control Yuan for investigation of noncriminal misconduct. the Ministry of Justice investigated 77 other incumbent and former judicial and law enforcement officials implicated in similar behavior with the same businessperson.
na senior investigator of the Ministry of Justice's Investigation Bureau was indicted for corruption for allegedly profiting from the sale of narcotics worth more than 168 million New Taiwan dollars ($5.6 million) seized in law enforcement investigations over eight years.

★ United Daily, editorial (udn.com/news/story/11091/6060260?from=udn_ch2cate6643sub11091_pulldownmenu_v2), 2022-1-25 : More people suffered fear from invisible and delicate social control and threats by DPP government' flank and judiciary (prosecutor, police) ... (檢警司法恐嚇，相比蔣家統治的線民監控，更細膩無形)

★ China Times, editorial, 2022-11-16: After the Democratic Progressive Party came to power, the judiciary is willing to degenerate under the selective handling of cases. As long as the case is related to the ruling party, the legal system would delay judging it or concluding it, or even tried to overturn the case through retrial. chinatimes.com/opinion/20221116005059-262101?chdtv

★ China Times, editorial, 2022-3-24: Law Firm was being searched by the prosecutor ! The rights of lawyers have been violated! A press conference urges Taiwan's prosecutors not to cross the red line, not to infringe upon the democracy, human rights, and rule of law. Judicial reform is one of the loudest slogans since President Tsai I. W. took office 6 years ago. The biggest change so far of the judicial reform is that political correctness becomes the most important thing in handling legal cases. The "corruption & smuggling cigarettes" case (chinatimes.com/newspapers/20210612000418-260106?chdtv) by Taiwan Presidential Office's national safety guard turning into a "overbought" case is an example. (chinatimes.com/opinion/20220323004844-262101?chdtv)

★ United Daily, editorial, 2022-3-31: the secret of chief prosecutor 邢泰釗's promotion (1) hunting KMT (2) escorting DPP (3) right time to do the "right" case (4) shamelessly expressing his loyalty udn.com/news/story/11091/6206478?from=udn_ch2cate6643sub11091_pulldownmenu_v2

★ National ChungCheng University, 2022-2-14: study found 2/3 Taiwanese are not satisfied with the quality of judgment of criminal cases deptcrc.ccu.edu.tw/index.php?option=module&lang=cht&task=pageinfo&id=432&index=1

Taiwan judiciary crashes

Apple Daily, editorial, 1-19-2021:
Rotten & stinky judiciary shakes the nation-to-its-core. China Times, editorial, 1-19-2021: Taiwan judiciary crashes.

★ USA Country Reports on Human Rights practices, 2021-3-30: the authorities generally respected judicial independence and impartiality. Some political commentators and academics, however, publicly questioned the impartiality of judges and prosecutors involved in high profile, politically sensitive cases.

★ The Liberty Times, 2021-6-18, editorial : Taiwan president Tsia I. W.'s optimization of government focused on judicial reform, which she stated frankly is still distant from public expectations. ( https://talk.ltn.com.tw/article/paper/1455453 蔡總統對於優化政府體制，另特別著墨在司法改革上，她坦言司改的成果，和人民的期待「還有一段距離」)

★ United Daily,

2021-02-26

A investigation survey conducted by National Chung Cheng University shows the degree of satisfaction with prosecutors has dropped slightly or remained in various items udn.com/news/story/7321/5279400

The Apple Daily, Nov. 2, 2020, editorial : (tw.appledaily.com/headline/20201101/NI6TYHSBLVADXO37NO3KMBAS2E/) Taiwan's judicial system keeps treating the power and the rich with different standard, which crashes the public's trust on Taiwan's judiciary. (頻頻打擊司法公信力的「權貴減罪公式」一再上演) USA Country Reports on Human Rights practices, 3-11-2020: Some political commentators and academics, publicly questioned the impartiality of judges and prosecutors involved in high profile, politically sensitive cases. Judicial reform advocates pressed for greater public accountability, reforms of the personnel system, and other procedural improvements ; US Country Reports on Human Rights Practices released at 3-13-2019 and 4-20-2018 both pointed out that justice ministry was insufficiently independent and conducted politically motivated investigations of politicians. The Apple Daily, 5-8-2020: The practice and process of Taiwan's judicial reform is at least 10-20 years behind Japan's or Korea's (林裕順／警察大學刑事系教授) . The Apple Daily, Dec. 7, 2020, (https://tw.appledaily.com/forum/20201207/XDWVJS4BOBGYFHBWI23KR77OEI/ 林孟皇): Taiwan's judges and prosecutors' always "very low" misdeeds in the past (素行不良的行徑) are hard to find similar case in advanced legal countries; furthermore, recently some famous attorneys also violated work ethics, the overall performance by law people certainly fails to win public trust. Liberty Times 4-30-2020: The crux of Taiwan legal system's problem is its party-state system. Judicial reform just failed because the judicial govt. rejected jury system and dual system. The Apple Daily, 5-10-2020, editorial : Some survey shows near 80% Taiwanese do not trust justice, even Judicial Yuan's survey showed 60+ % Taiwanese do not trust the judges. The Apple Daily, 9-13-2020, editorial, opinion : The dark networks those wealthy businessmen created can make the administration, the parliament, the Control Yuan and the judicial system to take care of the 'missions' they gave, e.g., the over-the-counter (OTC) stock and Interest Arbitrage Transaction are good tools to control the officials. Taiwan's judicial reform has not achieved the goal. https://tw.appledaily.com/headline/20200912/XRWWTEZPLBGARBFFHQVXMYCH2Q/'; https://tw.appledaily.com/forum/20200912/NAQP67HBRRAP5LZ3ZW4AFWTAEQ/ Taiwan judicial reform has not reached planned performance; Taiwanese are not willing to wait any longer for a trusty justice. United Daily 8-20-2020, editorial: The Grand Justice of Taiwan has made itself to be the ruling party's "affiliate organization". https://udn.com/news/story/7338/4818831?from=udn-catehotnews_ch2

★ Taiwan "judicial Independence" was ranked No. 13 among Asia & Pacific countries

	WEF (World Economic Forum) Judicial independence 2019 rankings , The Global Competitiveness Report
Asian country rankings	No.1 New Zealand 89.2(score) 2(world rank), No.2 Japan 86.5 5, No.3 Hong Kong 84.1 8, No.4 Australia 82.9 10, No.5 Singapore 77.4 14, No.6 Saudi Arabia 77.1 16, No. 7 UAE 75.4 20, No.8 Qatar 73.3 23, No.9 US 70.4 25, No.10 Jordan 69, No. 11 Malaysia 68.7, No. 12 Kuwait 59.5 , No.13 Taiwan 59.4 , No. 14 China 58.2
link	www3.weforum.org/docs/WEF_TheGlobalCompetitivenessReport2019.pdf
ps	WEF Judicial independence 2017/2018 rankings : China's rank was better than Taiwan's, both are at about same level

● The United Daily, 10-31-2020, https://udn.com/news/story/7321/4977543

Taiwan's judiciary spends lots of money on advertising themselves, but, the truth us Taiwan's justice always made a detour whenever encountering the power and the rich people. (司法砸錢宣傳遇權貴卻轉彎) The Supreme Court (最高法院大法庭) has many cases to solve, but no one wants to touch sensitive issues.

● The United Daily, 7-14-2020, udn.com/news/story/7339/4699302
Taiwan's president has never talked about anti-corruption, in recent years, the prosecutors and investigation gov. have not solved any big corruption cases, unlike lots of crack-downs in old days, instead, they focus on New National Security cases. No wonder Taiwan president insists abolishing Special Investigation Division (SPD) .

● The Liberty Times, 7-1-2020 ( Avoid judicial monsters ) : The main reason that the public do not trust the justice is lacking of external supervision (外部監督力量) and hence quite many controversial legal judgments were out there。https://news.ltn.com.tw/news/society/paper/1383385

● The China Times, 5-27-2020 : The public trust on Taiwan's prosecutors was suffered severe injuries from the Minister's "guides" and "leads" (部長下指導棋重傷檢察公信力)
https://www.chinatimes.com/newspapers/20200527000524-260118

● The United Daily, 5-16-2020, https://udn.com/news/story/121092/4567513 (從人權到新威權變調的司法正義)

The ruling party DPP has been more "authoritarian" than the way "authoritarian" government in old days was, no wonder the first thing the public have not satisfied with is the judicial reform. Many question the judicial system was reduced to be the government's tool ― to strengthen monitoring the public, and many worries, their political opponents (過去四年許多作為卻比過去威權更威權，立法、執法上不斷加強對人民的監控，司法不斷被質疑淪為掌權者工具，司法改革卻是人民最不滿意的重中之重 )

● The Liberty Times, 7-1-2020 劍青檢改：Taiwan's Control Yuan was reduced to political "hit-man". https://news.ltn.com.tw/news/society/paper/1383386

● The United Daily, 5-20-2019 How long can Taiwan judiciary stand being lynched and tortured ? ( 司法還能忍受多久的凌遲？)

The Control Yuan (監察院) and the Prime Ministry (行政院) repeatedly have taken judiciary as sacrifice-offering (司法當祭品)

case study - legal ? political??

The United Daily, 2-26-2019: National Chung Cheng university's survey shows that Judicial reform failed to satisfy more than 80% Taiwanese , the public trust on Taiwan judiciary is down to about 20%. The United Daily, Focus, 11-30-2019: 　The prosecutors and Taiwan's 'FBI'　were questioned a lot for years for their political investigations and conducts ...in recent years, the judiciary giving services to DPP （the gov.）almost became a routine...　The United Daily, editorial 9-28-2019: The government uses prosecutors & investigation office, or minister/admin officers, legislators to shield its grafts or malfeasances, to help the crooked wind of corruption and harm social justice (udn.com/news/story/11321/4071079). The Liberty Times, head-page, The China Times, head-page, 12-8-2018: Taiwan P.M. (賴清德): Taiwan has not made significant progress on judicial reform, which is roiling with public discontent... UDN 2-13-2018: the progress report of judicial reform by Taiwan's Minister of Judiciary and secretary of Ministry of Justice ― Public trust in judges is always low, the protection mechanism of lawsuit right is still not good enough. The United Daily, 2-27-2018: Taipei mayor Ko said that Taiwan's jail and prison are good only for those have no connections at all. The United Daily, 10-23-2018: The independence of prosecutors has still been questioned ... Apple Daily, opinion, 3-14-2018 : Survey <2017台灣社會信任調查> shows that Taiwan judicial official's / law enforcement officer's public trust is the second last. FTV, 7-26-2018: Public trust in judges is less than 16%, according to a survey in last year. cartoons of justice

Horrible Judicial system in Taiwan !
　

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● Public trust on Taiwan's judges is about the lowest, compared with OECD member countries
　
● The Liberty Times, 2-23-2019 : National Chung-Cheng University survey shows about 80% Taiwanese people do not trust judges, only 32% are satisfied with Taiwanese prosecutors. (https://news.ltn.com.tw/news/focus/paper/1269488) The percentage is about as low as that of Korea
― the worst judicial system country in OECD ( Organisation for Economic Co-operation and Development ) in 2019.
● Korea Times, 7-2-2020 (www.koreatimes.co.kr/www/opinion/2020/07/162_292043.html): OECD surveyed 37 member countries by asking how many of every
1,000 people trust their own court systems. The result shows Korea had the lowest numbers of all countries surveyed.
Various surveys in Korea also show that two out of three Koreans do not trust the courts.
● Taiwan Judicial Reform Committee (司改會) survey 7-18-2020: 64% Taiwanese people do not trust judges. (https://www.storm.mg/article/2861744)

● National Chung-Cheng University survey 3-4-2020 shows only 36.4% Taiwanese people trust judges (deptcrc.ccu.edu.tw/index.php?option=module&lang=cht&task=pageinfo&id=132&index=1 )
　

　

　

Index of judiciary

Asian countries

2020 Economic Freedom Index Judicial Effectiveness, Asian countries scores: Singapore 92.9, Australia 86.1, UAE 84.6, New Zealand 79.1, Hong Kong 76.8, China 76.3, Malaysia 74.6, Saudi Arabia 72.3 , Japan 71.4 , Taiwan 70.1, China's rank was better than Taiwan's

Rule of Law Index 2020
　
No. 7 New Zealand, No. 11 Australia, No. 12 Singapore, 15. Japan, 16. Gong Kong, 17. R.Korea, 21. USA, 47. Malaysia, 59. Indonesia, 69. India
worldjusticeproject.org/sites/default/files/documents/WJP-ROLI-2020-Online_0.pdf

For a long time, judicial system (prosecutors, judges) was one of "corrupt"/"extremely corrupt" institutions in Taiwan ―― commentators questioned the impartiality (e.g., Non-external intervention of the judiciary, fair trials) of Taiwan's prosecutors and judges, National Chung Cheng university's survey (head-page of the Liberty Times, 2-23-2016) found: nearly 80% Taiwanese don't believe the impartiality of Taiwan's prosecutors, and public trust on Taiwan judiciary system keeps falling down in the past 8 years. Besides, Taiwan already turned to a "privacy hell" because prosecutors (and police) ignore Taiwanese human rights and Taiwan Constitution to access Taiwanese people communication records......?! (see below) Local media Apple Daily, Liberty Times etc (11-30-2016), United Daily (2-27-2018): Taiwan president Tsai Ing-wen pronounced a death penalty on Taiwan's Justice system, Tsai also criticized (5-20-2016) that Taiwanese people don't trust the justice. The deputy dean of Law School, National Cheng-Chi University, comments (UDN, 12-25-2015) that the standard of judgments on the same matters varies from person to person all the time is the reason why Taiwanese people do not trust Taiwan's judiciary.

case studies - legal ? political?? a probable political influence legal case Taiwan fraud

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★ The United Daily, 3-4-2019 : senior (10+ yrs experiences) prosecutors applying for judge position or transferring to be attorney became a "routine" in that heavy work-load, the sense of accomplishment is out of proportion to their income,