The Judicial Yuan is mulling an amendment that would put a cap on the length of time a defendant accused of serious offenses is detained during each instance of litigation.
As the Code of Criminal Procedure (刑事訴訟法) stands, there is no limitation on the detention for defendants who have been charged with crimes punishable by more than 10 years in prison. However, the Judicial Yuan is considering an amendment that could cap detention at 15 months for such defendants.
Hsieh Wen-ting (謝文定), secretary-general of the Judicial Yuan, told a press conference yesterday that the move did not have anything to do with individual cases.
If such an amendment were passed by the legislature, the high-profile case of former president Chen Shui-bian (陳水扁) could be affected. Having been convicted in the first trial of corruption, embezzlement, money laundering and other crimes, Chen could only be kept in detention for a maximum of 15 months while the case is at Taiwan High Court.
The issue of electronic monitoring as an alternative to detention is also being discussed, Hsieh said.
“The Judicial Yuan is currently working with the Ministry of Justice on this issue,” he said, adding that under certain conditions, substituting detention with an electronic tagging system, which is currently used on sex offenders, may be a better protection of human rights.
The issue has attracted widespread attention since last month when during his most recent detention hearing the former president asked the Taiwan High Court judges to put him under electronic surveillance as an alternative to detention.
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