Lawyers are condemning a draft amendment to the Criminal Code (刑法) proposed by the Ministry of Justice that they say would extend the crime of perjury to defendants and make it illegal for defendants to “conceal evidence,” thus violating two fundamental legal rights: the right not to incriminate oneself and the right to remain silent.
The amendment would also subject lawyers to prosecution for “abetting perjury” by the defendant or for “inducing” the defendant to conceal evidence, they say.
The crime of perjury currently only applies to witnesses, as defendants have the right not to incriminate themselves.
The proposal is drawing condemnation from advocates of judicial reform and lawyers who say the law is meant to intimidate the defendant and defense counsel in criminal proceedings. The Taiwan Bar Association has passed a declaration condemning the amendment that is now in the process of being signed by 16 regional bar associations nationwide.
The right to remain silent and the right not to incriminate oneself are guaranteed in the Code of Criminal Procedure, articles 95 and 156, and in Article 14 of the International Covenant on Civil and Political Rights (ICCPR) implemented by Taiwan last year.
These rights are protected in many countries and emerged centuries ago in the English legal system. They are rooted in systematic abuses by investigators and the courts, including coerced confessions and the presumption by judges that if a defendant does not answer a question, he or she must be guilty.
According to a copy of the draft amendment obtained by the Taipei Times, abetting perjury would be punishable by up to seven years in prison.
“Falsifying, tampering with, destroying or concealing” evidence would be punishable by up to three years in prison or a fine of NT$15,000. “Causing a defendant” to do any of these actions would be subject to the same punishment, as would using evidence altered or falsified by the defendant; “causing a person other than the defendant” to falsify, tamper with, destroy or conceal evidence; or using evidence altered or falsified by a person other than the defendant.
The amendment has yet to be passed by the ministry and sent to the legislature. In a statement on its Web site, the ministry deflects lawyers’ criticism.
“Although the defendant has the right to remain silent and not to incriminate himself,” it says, this is not the same as “the right to lie.”
“In the US, the defendant can choose to remain silent,” it says. If a person waives that right, he or she must “speak according to the facts.”
On Dec. 19, the bar association passed a declaration condemning the proposal. Other provisions of the same amendment that Taipei Times reported on last month would threaten journalists, lawyers and human rights activists with up to one year in prison for “inappropriately” publicizing details of court cases that are not gagged by law, and require lawyers to obey the “orders” of prosecutors and judges or face prosecution.
The law does not define the term “inappropriately” nor specify which “orders” of judges and prosecutors are referred to.
The bar association’s statement says the ministry is proposing to “strangle the defense” and “stop public scrutiny of the judiciary through intimidation.”
On the section of the amendment concerning perjury and evidence, it says the proposal is “not only a mockery of the defendant’s right to remain silent and not to incriminate oneself, but if the defendant is believed to have made a false statement or hidden incriminating evidence, then the defense counsel will be at risk” of being prosecuted.
The statement will be made public once it has been signed by the nation’s regional bar associations.
Lawyer Greg Yo (尤伯祥) said the rights to remain silent and not incriminate oneself are already weak in practice, though protected by law. Judicial reform comes slowly — some judges and prosecutors still do not agree with these rights, he said in an interview.
If the amendment is passed, lawyers would be intimidated out of talking openly with defendants about the details of their case, Yo said in an interview.
“What defense is there left to speak of then?” he asked.
Referring to the ICCPR and the International Covenant on Economic, Social and Cultural Rights, the national bar association says in its statement: “The Ministry of Justice has a legal duty to implement the two covenants to protect human rights,” yet is proposing an amendment that “infringes on human rights” and “restrict the lawyer and defendant’s space to put together a defense.”
‘DENIAL DEFENSE’: The US would increase its military presence with uncrewed ships, and submarines, while boosting defense in the Indo-Pacific, a Pete Hegseth memo said The US is reorienting its military strategy to focus primarily on deterring a potential Chinese invasion of Taiwan, a memo signed by US Secretary of Defense Pete Hegseth showed. The memo also called on Taiwan to increase its defense spending. The document, known as the “Interim National Defense Strategic Guidance,” was distributed this month and detailed the national defense plans of US President Donald Trump’s administration, an article in the Washington Post said on Saturday. It outlines how the US can prepare for a potential war with China and defend itself from threats in the “near abroad,” including Greenland and the Panama
The Chinese Nationalist Party (KMT) is maintaining close ties with Beijing, the Democratic Progressive Party (DPP) said yesterday, hours after a new round of Chinese military drills in the Taiwan Strait began. Political parties in a democracy have a responsibility to be loyal to the nation and defend its sovereignty, DPP spokesman Justin Wu (吳崢) told a news conference in Taipei. His comments came hours after Beijing announced via Chinese state media that the Chinese People’s Liberation Army’s Eastern Theater Command was holding large-scale drills simulating a multi-pronged attack on Taiwan. Contrary to the KMT’s claims that it is staunchly anti-communist, KMT Deputy
RESPONSE: The government would investigate incidents of Taiwanese entertainers in China promoting CCP propaganda online in contravention of the law, the source said Taiwanese entertainers living in China who are found to have contravened cross-strait regulations or collaborated with the Chinese Communist Party (CCP) could be subject to fines, a source said on Sunday. Several Taiwanese entertainers have posted on the social media platform Sina Weibo saying that Taiwan “must be returned” to China, and sharing news articles from Chinese state media. In response, the Mainland Affairs Council (MAC) has asked the Ministry of Culture to investigate whether the entertainers had contravened any laws, and asked for them to be questioned upon their return to Taiwan, an official familiar with the matter said. To curb repeated
Myanmar has turned down an offer of assistance from Taiwanese search-and-rescue teams after a magnitude 7.7 earthquake struck the nation on Friday last week, saying other international aid is sufficient, the National Fire Agency said yesterday. More than 1,700 have been killed and 3,400 injured in the quake that struck near the central Myanmar city of Mandalay early on Friday afternoon, followed minutes later by a magnitude 6.7 aftershock. Worldwide, 13 international search-and-rescue teams have been deployed, with another 13 teams mobilizing, the agency said. Taiwan’s search-and-rescue teams were on standby, but have since been told to stand down, as
RSS