The Supreme Court yesterday upheld lower-court rulings dismissing the case against former National Security Bureau (NSB) officer Liu Kuan-chun (劉冠軍), citing the expiration of the statute of limitations on embezzlement and espionage charges dating back to the 90s.
Liu, a former colonel in the bureau’s Office of General Affairs, oversaw classified funds under Project Feng Tian (奉天專案). Knowing the funds were not subject to standard oversight, he allegedly transferred NT$190 million (US$5.99 million) to his own account and fled to China on Sept. 3, 2000, reportedly taking classified documents with him.
Liu was indicted on Nov. 12, 2003, and the Taipei District Court first heard the case on Nov. 17 the same year.
Photo: Chang Chia-ming, Taipei Times
In its first-instance ruling on April 30 last year, the Taipei District Court said Liu’s actions occurred before amendments to the Anti-Corruption Act (貪污治罪條例), under which the statute of limitations is 20 years.
The court said that because Liu remained a fugitive, proceedings could not continue, and the statute of limitations was extended by five years, expiring on Feb. 24 last year.
On appeal, the High Court cited Paragraph 2 of Article 302 of the Code of Criminal Procedure (刑事訴訟法), ruling that dismissal of the case was legally justified and should be upheld.
Project Feng Tian was a special fund available only to the president, excluded from the official government budget and not subject to legislative oversight or audit by the Ministry of Audit.
The president authorized its use for NSB operations.
The fund was terminated in 2002 after Liu absconded with part of the money.
The case also led to litigation against former president Lee Teng-hui (李登輝) and former China Development Industrial Bank chairman Liu Tai-ying (劉泰英) on graft allegations.
Lee was accused of diverting US$7.79 million from the fund to establish the Taiwan Research Institute, which he used as a private office after leaving office in 2000.
Lee was later cleared of all charges, while Liu Tai-ying served 22 months in prison.
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