Lawmakers yesterday amended the Code of Criminal Procedure (刑事訴訟法) to provide a legal basis for travel restrictions, which were previously enforced on the basis of rules governing limitation of the residence of a person of interest.
The amendment added a chapter titled “restrictions on departures,” which cover departures of a defendant by air or by sea.
The code lacked clear regulations on travel restrictions, which in practice had been imposed as a limitation of the residence of a defendant, said Democratic Progressive Party Legislator Chou Chun-mi (周春米), a sponsor of the amendment.
Photo: Chien Jung-fong, Taipei Times
However, the concept of a limitation of residence does not necessarily justify the judiciary depriving a defendant of their “freedom to change residence,” which is granted by the Constitution, she said.
The amendment is meant to differentiate between limitation of residence and travel restrictions, she added.
With the exception of crimes whose severest punishment is a fine or detention, a prosecutor or a judge may place departure restrictions on a defendant who does not have a fixed residence or lodging, or who is likely to flee the country; conceal, tamper with or destroy evidence; or conspire with others to give false testimonies, the amendment says.
A travel restriction must not last longer than eight months, but may be extended for up to two times, with the first extension no longer than four months and the second no longer than two, it says.
The combined duration of travel restrictions imposed on a defendant whose alleged crime is punishable by a prison term of up to 10 years must not exceed five years, whereas the overall duration for those who have been accused of committing other crimes must not exceed 10 years, it says.
For defendants granted a deferred sentence, parole, non-prosecution or an acquittal, the departure restrictions will no longer apply, but new restrictions can be put in place if the case is subject to an appeal, it says.
A defendant or their attorney may apply to a prosecutor or judge to have a travel restriction revoked or changed, but if a case is being reviewed, the right to change or revoke a travel ban resides with the presiding judge, it says.
The aforementioned rules also apply to people who are on parole, subject to limitation of residence, or are under investigation, but not detained, it says.
A defendant may file an interlocutory appeal against a travel restriction, it says.
Legislators approved another amendment to the code that would grant defendants the right to view, transcribe or photograph court documents and evidence presented against them after gaining the consent of a court.
However, a court may turn down a defendant’s request to exercise the aforementioned right if it believes it would affect the adjudication of another case; would not help with their legal defense in a court; or if the documents or evidence requested are irrelevant to the crimes of which they are accused, the amendment stipulates.
A defendant may appeal a court decision that denies them access to court documents or evidence, it says.
‘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 High Prosecutors’ Office yesterday withdrew an appeal against the acquittal of a former bank manager 22 years after his death, marking Taiwan’s first instance of prosecutors rendering posthumous justice to a wrongfully convicted defendant. Chu Ching-en (諸慶恩) — formerly a manager at the Taipei branch of BNP Paribas — was in 1999 accused by Weng Mao-chung (翁茂鍾), then-president of Chia Her Industrial Co, of forging a request for a fixed deposit of US$10 million by I-Hwa Industrial Co, a subsidiary of Chia Her, which was used as collateral. Chu was ruled not guilty in the first trial, but was found guilty
A wild live dugong was found in Taiwan for the first time in 88 years, after it was accidentally caught by a fisher’s net on Tuesday in Yilan County’s Fenniaolin (粉鳥林). This is the first sighting of the species in Taiwan since 1937, having already been considered “extinct” in the country and considered as “vulnerable” by the International Union for Conservation of Nature. A fisher surnamed Chen (陳) went to Fenniaolin to collect the fish in his netting, but instead caught a 3m long, 500kg dugong. The fisher released the animal back into the wild, not realizing it was an endangered species at
DEADLOCK: As the commission is unable to forum a quorum to review license renewal applications, the channel operators are not at fault and can air past their license date The National Communications Commission (NCC) yesterday said that the Public Television Service (PTS) and 36 other television and radio broadcasters could continue airing, despite the commission’s inability to meet a quorum to review their license renewal applications. The licenses of PTS and the other channels are set to expire between this month and June. The National Communications Commission Organization Act (國家通訊傳播委員會組織法) stipulates that the commission must meet the mandated quorum of four to hold a valid meeting. The seven-member commission currently has only three commissioners. “We have informed the channel operators of the progress we have made in reviewing their license renewal applications, and