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Is Taiwan or Taipei a living safety place? Low personal risk is the most important factor of criteria by The EIU's Liveability Ranking ( the Economist Intelligence Unit global “liveability” study), Monocle's Most Liveable Cities, Mercer Quality of Living Survey.  According to Taiwan's National Chung Cheng university survey (head-page of the Liberty Times, 2-23-2016): 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. NCCU (1.27.2014): nearly 70% Taiwanese people are not satisfy Taiwan's society security/public order (criminal rate,"治安狀況"), 50.4% Taiwanese worry becoming next victim in criminal/security cases("遭侵害"), which reach a new high within recent 5 years (<Apple Daily>, 1.27.2014). 

Do you accept these legal judgments ?  someone being least welcome & being evicted/expelled kept staying in your house, and infuriated a 90 years old grandma suffering with Cardiac failure (weak heart), Coronary artery heart disease, Hypertension etc (more likely leading to a death in Fall or Winter) , but you failed  to ask/evict and pull/push (not strong enough because of having serious disease ) the 'home intruder (invader)  / unlawful detainer ' out, then this suspected intruder (invader)  continued to insult by strident voice & violent words like "You're incapable", and stayed 30-50 minutes after receiving formal expel-notice to leave, eventually police with guns came ....

 

Taiwan's prosecutors of Taipei District Court judged the 'home intruder/invader' was not intend to stay because the 'invader' left the house after armed police's communication & persuasion, so the prosecutor decided not to indict the 'invader'.   Instead, this prosecutor decided to indict the house owner for Offenses of Causing Bodily Harm (appear  minor injury not proved to be done by house-owner yet).

PS: This web-page will call (according to Taiwan's criminal law - Article 306, "Crime of Home Invasion") the house-guest unwanted & failed to be expelled  as "home intruder/invader" (means "home invader suspect" or "unlawful detainer suspect") for the offence of illegal infringement of citizens.

 

◆  a larceny /theft/damage & impairment case concluded by Prosecutor WEN TZU-TE, click !!

 

see Taiwan's Judiciary by int'l & local fair comments  

Int'l & local Institutions

critiques on Taiwan judicial systems

 
USA Country Reports on Human Rights practices,   4-20-2018:   the justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.  
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 (Formosa TV, 政經看民視): Public trust in judges is less than 16%, according to a survey in last year.        
United Daily News, 2-13-2018  Taiwan's Minister of Judiciary and secretary of Justice Ministry issued progress report of judicial reform Public trust in judges is always low, the protection mechanism of lawsuit right is still not good enough (  
 

Int'l & local Institutions

critiques on Taiwan judicial systems

Taipei mayor Ko (The United Daily,  2-27-2018: ) Taiwan's jail and prison are good only for those have no connections at all.
National Chung Cheng university's survey  (head-page of the Liberty Times, 2-23-2016)  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.
USA Country Reports on Human Rights practices, 3-3-2017 (US state dept.) The justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.
The Liberty Times, 2-28-2017 http://wenichin.blogspot.tw/ The most serious and terriblest judicial problem is its deep structure  judicial organs became state party's slave servant, it's incurable ... If we can't expel all judges and prosecutors, jury system is a better solution at the moment.

ps

 Taiwan's judicial system evaluated by famous institutions of local & int'l
  National Chung Cheng university's survey  (head-page of the Liberty Times, 2-23-2016): 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.

 

USA Country Reports on Human Rights practices, 6-26-2015, 2-27-2014 (US state dept.): Taiwan's judicial system suffered from some corruption.  Although authorities made efforts to eliminate corruption and diminish political influence in the judiciary, some residual problems remained...  the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases had been questioned.

 

The United Daily,  06-18-2016,   Head page news: Taiwan's prosecutors usually follow their boss's  (commanding officer) order to access and rule legal cases ... " He is bigger than I am, what can I say??" (檢察)

 

The deputy dean of Law School, National Cheng-Chi University,The United Daily, 5-2015) : the standard of judgments on the same matters varies from person to person all the time is the reason why Taiwanese people do not believe Taiwan's judiciary.  

 

The United Daily,  08-24-2016 ,  Editorial: Taiwan's Judiciary and Legislative institutions never have a sense of shame on releasing major crimes of international fraud , and never have intention to stop this criminal actions by punishments...

USA Country Reports on Human Rights practices, April 19, 2013
One of the principal human rights problems reported in Taiwan 2012 were judicial corruption. “Although the authorities made efforts to eliminate corruption and diminish political influence in the judiciary, some residual problems remained,” the report said.
The report also said that political commentators and academics had publicly questioned the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases.

  <Transparency International>, Germany,  July 9, 2013

The finding of the 2013 Global Corruption Barometer (GCB),  ( the Gallup Poll to interview 114,000 people in 107 countries all over the world):
 
36% of  people (surveyed in Taiwan) who had used any of eight government services in the past year had paid a bribe (the number is higher than global average).    Taiwanese people think the No.1 Taiwan's corrupt/extremely corrupt institutions: need paying bribery is judicial system(最需行賄的機關,竟是司法體系).

<The Economist> UK,  July 22, 2010

 The article under the theme of (Corruption in Taiwan--Confirming the worst suspicions) reported :   Three high-court judges and a prosecutor had been detained amid allegations that they took bribes to fix the outcome of a high-profile case, has brought public outrage to boiling point.

<The Taiwan Foundation for Democracy (TFD )> survey, Dec. 10, 2013
    
According to 2013 survey conducted by The Taiwan Foundation for Democracy (TFD ) & SHU that shows a "F" score (rating 2.7/5.0 points) on overall human rights status, 2 points were given to " Non-external intervention of the judiciary", 2.3 points to "fair trials".  Both are "Failure" scores! (rating range 0.0~5.0)

<Liberty Times>, <TTV>, etc, 1.28.2014
... Facing
an apparent suicide bid (Taiwanese man drives large truck into presidential office building for protesting Taiwan's judiciary problem - injustice), Taiwan president Ma expressed that Taiwan's government should think about Self - examination and fundamental/radical reform to reduce the popular agitation/public grievances/Taiwanese people dissatisfaction. (政府也要思考、檢討,因為民眾不滿才會有這樣的動作,如何從根本面減少不滿,這是政府必須要檢討的。)
 

 
 

 

pic.: No.1 ranking on google by keyword "Taiwan prosecutors",  test at 9-3-2016 pic.: No.1 ranking on google by keyword "comment Taiwan judiciary" in Chinese,  test at 9-3-2016


 

Closer look at these 2 legal cases:

 

Prosecutor's view

House owner's comments

1.

no need to (has not) summon the eye-witness

The prosecutor's judgment should unbiased hear all the evidence given by both sides. 
But, the prosecutor did not summon house-owner and 2 eye-witness persons to the court-room, and did not see DVD ( as eye-witness evidence) which recording home invader's bad behavior and intension not to leave, and  then jumped to a conclusion prosecution of the house owner (90 years old person's son trying to save his mother).
2 Ignore serious criminal cases Taiwan's prosecutors ignore so many rape cases in Taiwan, but to indict a  little self-defense case.  Taiwan does not have enough prosecutors and judges to access many cases, so important & serious cases should be accessed first (rape crime hurts Oriental women badly, worse than tiny injury - if any).
USA Country Reports on Human Rights practices (2013) criticized Taiwan's prosecution rate of rape cases is too low
"as of September there were 10,951 reports filed for rape or sexual assault. As of September, courts indicted 1,814 persons and convicted 1,685 persons...".  USA Country Reports on Human Rights practices (2014) is about the same.
There're also many serious domestic (marriage) violence
 abusive behavior that one partner to maintain power and control over another intimate partner, Taiwan's prosecution rate of those serious cases is very very low.  
3 The home invader left the house after policemen's communication/persuasion, so prosecutor concludes  this proves the intruder/invader was not intend to stay in other's residence  If the home intruder/invader was not intend to stay for a long time, why did the house owner call the police to come ?  Policemen with gun came, certainly the home intruder/invader scared and left the house very soon.
4  The home intruder/invader said that arguing with and making things clear to the house-owner is why the home intruder/invader stayed so long regardless of expel-notices.  But the prosecutor think it's a very reasonable reason for the intruder/invader to keep staying another's house. (1) The home intruder/invader is dangerous endangering a 90 years-old person's health&life by violent words, so this intruder/invader should leave immediately. 
(2) The home intruder/invader admitted having driven a 90 years old grandma very mad so as to strike the table .
(3) The home intruder/invader didn't explain anything, but make noise and violent words (see DVD).
(4) The home intruder/invader should leave the house very soon after the house owner asked intruder/invader out, according to scholar book, High Courts  judgment precedents and the criminal law - Article 306: Anyone stays in other's residence regardless of house-owner's expel-request, will be charged sentence below 1 year ...  . 
5. The house owner held a chair against (椅子頂) the home intruder/invader's chest. (1)Even the home intruder/invader changed this phrase (no longer say "held a chair..." since investigation court, and no longer say it in the statement document forward to the legal court) but the prosecutor sill believed house owner did battery to the intruder/invader by a chair by her so called "free evaluation of evidence through inner conviction".  2 eye-witness persons already expressed the house owner did not did any battery to the house intruder/invader by chair or stool or fist. (see DVD)

(2) Taiwan's police was even more absurd ― changed the house-owner's statement in the police-station initial-questioning report and made a phony story (that even the home intruder/invader has not said)  ―  the house owner "flung (by a chair) the home intruder/invader to the ground".  

6 Taiwan's prosecutor thinks this case happened for a trivial (little "細故") matter. The home intruder/invader suspect should at least committed the following criminal offenses (The home intruder/invader admitted some bad behaviors, video camera's DVD recorded  home intruder/invader's some bad behavior and violent words.):

(1)  the Crime of Unlawful staying in the Dwelling House of Another Person ―   the 2nd part of article 306, the Crime of Illegal Intrusion into Other Persons Residence, Taiwan Criminal Law.

(2) Offenses Against Reputation. (by home intruder/invader's lots of humiliating words like "Your son is no good!, You're incapable ... !")

(3)  Offenses Against Abandonment.

(4) Crime of insulting another.

(5) B
lemishing the peace and privacy of personal residence.  The object in the crime of intrusion is the personal and property right connected with the residence.

(6) Domestic violence.

Are criminal behaviors that be against Criminal Law - Article 306 etc, Civil Law, Article 18, 19, 184, 195 a "trivial matter"??
Taiwan's prosecutor's conclusion is against  Taiwan's Supreme Court precedent and probably international understandings.
 

7 The home intruder/invader stayed more than 30-50 minutes (1)The home intruder/invader admitted <a>understanding house-owner's expel-notice, but just choose to stay with no reason. <b> Eating, drinking, sleeping are some reasons to stay there.
(2)According to scholar book, High Courts  judgment precedents, the home intruder/invader should picks all belongings and leaves the house immediately .  At that day, the home intruder/invader only has 2 small bags, and in hand already (see DVD), so the intruder/invader should leave the house very soon .

 
8 The criminal fact is " beating" on home intruder/invader. (1) It's not "beating" or attack, It's a defense (legitimate justifiable self-defense by bit pull & push) to save house owner's 90 years-old, suffering heart-failure mother who was attacked by home intruder/invader's violent, insulting words. 
The house owner failed to get rid of  the home intruder/invader by mild action during intruder/invader's instant attacks (violent words...), because of  house-owner's weak health status (having a serious tumor).

(2)According to famous dictionaries e.g., Collins , the term "battery" has meanings: "with the intention of bringing a harmful or offensive contact",  "a hostile or offensive manner", obviously, the house owner only intends to save his mother.  

9 the prosecutor chose with no reason one phrase from some of the home intruder/invader's testimony-phrases contradicted to each other. The home intruder/invader's testimony (prime accuse) contradicted that of the preceding testimony phrases by the home intruder/invader.
Firstly : the intruder/invader said the house owner held a chair against the home intruder/invader and punch by fist .
After one month, the intruder/invader's changed the phrase earlier, and said the house owner waved / swing a small stool to hit the home intruder/invader.
In the court-room session, the phrase was changed again - the intruder/invader said "the house owner beat and push the home intruder/invader". 
Eventually, the prosecutor chose the phrase she prefers or/and believe with no logical reason in her prosecution document -  "held a chair against the home intruder/invader and punch this suspect by fist ".
 
10 Medical checkup (1) The home intruder/invader put off the emergency examination for 21 hours long it's  suspicious.  The interval time is long enough for anyone to make minor injury for lots more money than she can earn in restaurant's kitchen-work. (ref. US movie "the Surrogates")
(2) Report shows Just some small or minor injury : 3
bruises,1 swelling, and with no evidence that who did these (the home intruder/invader is a heavy-work poor laborer in restaurant kitchen, those injury may happen anytime and easily).
11 Same prosecutor accesses 2 cases sort of contradicted to each other. "the Crime of Unlawful staying in the Dwelling House of Another Person" leads to "self-defense" (or Bodily Harm) case.  Once the prosecutor indicts the latter one, means she probably won't accept "Unlawful staying in another person's house".  The prosecutor should transfer another case to some other prosecutor, or the prosecutors office should not assign 2 cases to same prosecutor. (According to news report, there're some other cases are same  same judge judged same case through 3-layer court sessions, he probably won't deny the correctness of his previous judgment )
12   to be continued...

 PS1:  CNN, 1.25.2014

Truck Rammed into Presidential Office of Taiwan's Regime in Exile http://ireport.cnn.com/docs/DOC-1078129   

Around 5 am today in Taiwan, a 41-year-old truck driver rammed his 35 tons heavy gravel truck into the front door of the so-called Presidential Hall of a regime in exile called Republic of China, where the head of the pseudo government works only 20 meters away from the collision site. The driver is now hospitalized and alive, though in critical conditions....The shocking news inspired supporters of Taiwan’s pro-independent movement to have conversations on facebook to start a revolution attempting to solve all problems of widespread injustice and corruption accompanied by worsening economy due to the one-china policies of the current regime’s rule. One of them said, "This is the first canon ball of our revolution to establish a country in our name, Taiwan."

 PS2:  Taiwan prosecutor's not-indictment document (main part) as below: 

   
 
Taiwan prosecution document
 

ps:   I don't agree that the High Court concluded slander-words "You are incompetent (useless) !" yelled by the home intruder/invader are "subjective view", and  I don't agree High Court  concluded this is not the "case of deliberate humiliation" .  So many judgments don't agree that as well !

I also don't agree that the judge's words in another case (body-harm/ self-defense) "I only buy the medical record  (that's it)".  In my view, the judge should consider self-defense as well, and the home intruder went to clinics the next day, hence bruises can be faked, the home intruder asked lots of money for a few bruises ... In the US, the home intruder can be shot !   ( to be continued)

 

 

 

No1 ranking on Google by keyword "Taiwan prosecutors", test at 9.9.2016;  No.2 ranking on Google by keyword "Taiwan prosecutors", test at 3.11.2014
 

 

No
No.1 ranking on Yahoo by keyword "Taiwan judiciary" , test at Mar. 24, 2014

 

 

 

ps This site (intlHumanRights.com & CourageWorld.ch) ranks No.1 on keyword "Taiwan prosecutors"    More judiciary ranking records are on the top on the net, click ...
 
No.1 rankings "human rights in Taiwan" on Yahoo, google, etc (2014)  please click ... 
 world No. 1 rankings in 2015 
 
No.1 ranking on Yahoo (Taiwan) by keyword "Taiwan prosecutors" in English or Chinese (pic. right), test in 2.3.2014
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