Taiwan prosecutors / crime of defamation     this site's world No. 1 in   2017~19,   2016 2015, 2014,  2013 2010~12    Top rankings since 1998 

  home  brief  Taiwan  TW  tour  FB  personality  food  medical  restaurants  night market buffet  women  speech  massage  prostitution  watching you   judiciary  police  prosecutors  politicized judicial persecution  corruption  foreign labor  illegal migrants  soft power  human rights  intl human rights  death penalty  happiness  housing  avia   image  creativity  persecutions & repression

  The Control Yuan of Taiwan warned to impeach of Taiwanese prosecutors' abuse of inner conviction (doctrine of discretional evaluation of evidence) since 2003.

      For the past 3 years, the US, Taiwan's 2 major parties (KMT, DPP), and even prosecutors themselves are often seen slamming prosecutors as tools (see table below), in other words, Taiwan's prosecutors lack of working ethics and personality,  their inner conviction certainly should be reviewed and examined critically.

 

political side

statements

 media or official reports

The US reports the justice ministry was insufficiently independent ...  USA Country Reports on Human Rights practices,  4-20-2018, 3-3-2017
Taiwan's Pan Blue (KMT) The independence of Taiwanese prosecutor's handling legal cases has still been questioned ....  The United Daily, 10-23-2018
Taiwan's Pan Green (DPP) Taiwan judicial system has been ruler's political tool, law officers have been controlled by politics ...    Taiwan's judiciary still works as a hatchet man for KMT.

 

 The Liberty Times,  06-19-2016  UDN, 3-6-2017
Taiwan Prosecutors Taiwan's prosecutors usually follow their superior's order to conclude legal cases... The United Daily,  06-18-2016,   Head page news

 

 

Here is the case of abusing inner conviction ( beweiswurdigung, doctrine of discretional evaluation of evidence  ) and misinterpreting an article of law suspiciously !  by three prosecutors all on mass media before.

 

 

 

 

 

pic. The websites group's "Taiwan judicial persecutions"
was ranked No.1 on  Baidu of China, 8-3-2019 

 

 

 

 

pic. : Top 2 "Taiwan judicial persecutions" on Euro. MetaGER.de, 3-13-2019

 

 

 

 

pic. : No.1 "Taiwan judicial persecutions" on US Google, 3-14-2019

 

 


 

pic. : The sites-group was ranked No.1 by "Taiwan judicial persecutions"
on Euro. MetaGER.de, 3-13-2019

 

 

 

pic. : The sites-group was ranked No.1 by "Taiwan judicial persecutions"
on US Bing, 3-13-2019

 

 

 

 

search engines top rankings for the sites /   test at 3-16-2019
  台灣司法評論 台灣司法迫害 台灣檢察官 Taiwan prosecutors Taiwan judiciary
Bing

No.1

No.1 No.1 No.1 No.1
Yahoo search engine No.1 No.1 No.1 No.2 No.1
Google No.1 No.1 No.1

among top ranks

among top ranks

Yahoo Taiwan

No.1

No.1

No.1

No.1

No.1

           

 

 

 

 

 VS.  Chief Prosecutor Lin Bang-liang ,  Prosecutor Huang Yi-Hua 黃怡華, Wang Xin-Jian 王鑫健

 

The defendant, a server of Taiwan's 5 star hotel restaurant, repeatedly sniffed loudly at two victims (customers) in public while bringing a check to the victim.   According to dictionary of Oxford, Cambridge,  Collins  Dr. eye, Dict.site and best Chinese dictionaries, "sniff at " expresses contempt, and according to New York Times, Forbes, etc,  there's no way this will happen in world famous American brand 5 star hotel restaurant or even an average restaurant,  not to mention Taiwan was a "country of etiquette", therefore, it should be an intentional offense against reputation (case of deliberate humiliation, crime of defamation).  

 

rules for restaurants

New York Times,
 10-29-2009

... gracefully, the less noise the better

... Do not compliment a guest's attire or hairdo or makeup, you're insulting someone else

... Don't gossip  ... within earshot of guests

... Don't have a personal conversation with another server within earshot of customers

...  Never bring a check until someone asks for it, then give it to the person who asked for it

Forbes, 9-3-2012

... serve customers not annoy them

... it's a matter of being attentive and looking for signals

... when you bring the check, either wait a moment from a little distance... or come back right away

 

 

 

The argument earlier by the defendant about "sniff repeatedly at" customers is due to having a cold.   But on the Police Interrogation Transcript the defendant 'forgot' and changed the excuse to be an allergy.    It's an undoubted fact  that the defendant did the crime intentionally, because 100% for sure, the defendant won't dare (or want) to take a lie-detector test - American level's.  Furthermore,  this case, most likely, is part of an accomplice structure, or systematic crimes, political oppressions upon me.  I chose this case as a "start-up" in that the crime scene is one among landmarks of White-Terror era.    It's biggest ironic if any today's high-ranking power trying to advocate transitional justice and at the same time politicize the legal case.   Please ref. to the victim's article political oppressions of Taiwan, winning No. 1 rankings on the internet.

 

Ignoring witness testament (testify the crime) and other evidences,  not summoning the defendant to the court, the chief prosecutor and two prosecutors concluded the criminal case "not to prosecuted" merely by looking at the defendant's facial appearance showing on the DVD for about one second ――  this short video image was taped secretly by the victim about 15 minutes after the crime happened.  

 

One second's facial appearance includes (what prosecutors "think" so):

(1)  a smile.

(2)  no disdainful and mocking expression on the face.
Then,  prosecutors jumped to the conclusion -  no crime.

 

 

 

 

 

 

 

 

 

pic.: Mona Lisa met Taiwan state apparatus
and got troubles

 

 

 

pic.: Trump in polygraph test
likes Taiwan prosecutor's inner conviction
 (
doctrine of discretional evaluation of evidence) better

 

ps : The Control Yuan (Dept. of Monitor) warned to impeach
Taiwanese prosecutors' abuse of inner conviction ("not free" beweiswurdigung)
 

 

 

The mistakes that Taiwan's prosecutors made  :

 

(1) Mistake 1 :  No crimes now, does not mean no crimes 15 minutes ago.   The facial expression now, might not be the same as that of 15 minutes ago.   Chief prosecutor's and 2 prosecutors' inner conviction (doctrine of discretional evaluation of evidence) seems ridiculous !  

 

(2) Mistake 2 :  A smile for one second can not prove innocence.   Lots criminals in Taiwan were making crimes with a smiling face (pls. see justice files below).

 

 criminal files in Taiwan's Judicial Yuan (in Chinese)

cases

 Taiwanese crimes with smiles

1.  Tao-yuan courthouse, 2014 桃園地院刑事判決103年審易字 2436號, 103年偵字2034號公訴書明載,遭公然侮辱罪定罪之被告「面對面比中指大概三秒鐘,眼神是對著我們的, 而且還對著我們微笑」...
2. Taipei courthouse, 2010 台北地院刑事判決99年易字2283號明載,「觸摸A女下體,再前行數步後,復對A女注視並微笑...造成A女心生畏怖,感受冒犯,但不敢聲張... 以自鳴得意之姿,對女性尊嚴橫加踐踏」。
3. Kao-hsiung courthouse, 2018 高雄地院刑事判決107年易字 423號明載,「被告林秋菊於現場監視錄影畫面時間約11:33:53-54期間,竟突然以其右手朝被告汪瑞和比劃並微笑地說話,而於其出現笑容前後,均又以雙手朝被告汪瑞和做出雙手掌均以食指比1的動作一下,據此足認證人汪瑞和證述被告林秋菊此時又對其辱罵懶較長懶較短...」。
4. Kao-hsiung courthouse, 2011 高雄地院刑事判決100年易字 1158, 1159號明載,「在公共場所,對素不相似之被害人A女及B女,身體隱私處任意觸摸,其行徑大膽囂張,目無法紀...且於觸摸後尚對A女微笑,以其自鳴得意之姿...」。
5. Tai-Nan High court, 2010 高等法院台南分院99年上易字483號判決: 「你怎忍心對一風燭殘年的老同事,一再撻伐羞辱,而沾沾自喜呢?」
   

 

(3) Mistake 3 :  there're many different kinds of smiles, the defendant is a server in  5 star hotel restaurant, certainly wears an occupational fake smile all the time.    Besides, if a crime happens not for resentment or enmity, the victimizer ( the probability can't be ruled out at all : just a tool or dog following political orders and knowing not too much ) won't show a hostile look.  

 

(4) Mistake 4 :  facial expression can be fake or different by persons

     1.  Most major media reported at 3-20-2017 that Taiwan police conducted a routine check on the street, and got a suspect merely by his facial appearance ( probable strange light or mysterious gleam in the eyes), however, the "suspect" is a secretary of the state (cabinet minister of Taiwan).   Major media and a political party criticized Taiwan state apparatus should follow objective facts, evidences, not by their "experiences" or "inner conviction" (doctrine of discretional evaluation of evidence). 

     2.  Newsweek and New York Post reported at 9-7-2018 that the US regularly conducts lie detector tests on CIA, FBI etc 16 institutions, but similar polygraph machine failed again and again  in Taiwan because of human factors ―― subjective judgments, the polygraph test usually takes 38 ~ 130 minutes, one test (羅明村案) taking 9 minutes less resulted in a terrible mistake.   In contrast, the chief prosecutor and 2 prosecutors took only one second to subjectively concluded criminal case, if they really have this kind of magic "extra-sensory perception" , US president D. Trump will be happy to hire them with high pay to replace the lie detector machine, the saving costs can build a US-Mexico border wall.

     3.  It's easy to find some legal cases, e.g., Taipei court judgment (台北地院刑事判決99年易字3542號), that the criminal faked his facial expressions on the face of experts.

     4.   Not only criminals faked facial expressions, United Daily reported former president Chiang Kai-Shek (蔣中正) showed a very sad look on the memorial ceremony of Bai Chon-Xi (白崇禧), his political rival, but in the next day Chiang scolded severely Bai "the biggest guilty general for the loss of Chinese Civil War" .

 

 

(5) Mistake 5 :  According to DVDs (both April 2018 and June 2018), the defendant twice admitted sniffing at victim for having a cold, but later in police station changed the  previous phrase to "it's for allergy".    Inconsistent statements prove the defendant to be a liar.   In any 5 star restaurants, the server should rest at home or have a mask on the face if having a bad illness, but the server did nothing, if it's not that bad, the server won't sniffed at victim repeatedly and loudly about once per one second.   The prosecutors have not investigated the server's medical records.

        

(6) Mistake 6 :   The server studied best dining & tourism university, and had working experience in another well-known hotel, how come has no basic knowledge or common sense the server should not sniff loudly at any customer, besides, the defendant asked and cashed infinite credit card from the victim too early - about 45 minutes after the restaurant opened.   This never happened in Euro., the US, other Asian countries , as well as other Taiwan's 5 star hotels I've been, e.g., Mandarin Oriental ... An article about rules for restaurants in The New York Times,  10-29-2009: " Never bring a check until someone asks for it".

 

(7) Mistake 7 :   There're some other similar actions in the 5 star hotel and other places against the victim, a foreigner testified this at the police station and another suit case was brought to the court already.    Does any one believe more than one server in world famous hotel restaurant repeatedly sniffed at customers?  Please ref. to the victim's article concerning

 "political oppression or persecutions in Taiwan" (No.1 rankings on US Bing, Google, Yahoo, Euro. MetaGER, Russia Yandex...), it's within reason to believe that this case is part of political oppressions.   Big prosecutors' statements may be a proof too.   (For exact meanings pls. read Chinese version.)

   (criminal case studies)

 

 

 

 

 document by Chief Prosecutor Lin Bang-liang,  Prosecutor Huang Yi-Hua, Wang Xin-Jian

 

   

 

 

pic.: the chief prosecutor and two prosecutors concluded the criminal case "not to prosecuted" merely by looking at the defendant's facial appearance showing about one second on the DVD and the victim did not show any unhappy feeling   ――   it's not true, otherwise why the victim taped the defendant as evidence about 15 minutes after the crime was committed.  

 

 

interrogations and answers in the DVD

  in English in Chinese
the victim some time ago, your nose ? (noises - imitation of sniffs) 剛才妳的鼻子 有沒有 ?

  這樣 (模仿被告吸鼻子的聲音) ......

 

the defendant this way 這樣
the victim 4 ~ 5 times, right ~  五次 !!   ~
the defendant because having a cold  因為感冒
the victim Oh? ~~ having a cold?? (don't buy it)   哦  ?  感冒 ? ?  (不信)
the defendant what's matter !!  怎麼了 !!
     

   

 

 

 

 My comments

 

According to the chief prosecutor's and two prosecutors' official documents, one among 3 main reasons not to charge the defendant is that the victim did not show any unhappy feeling and expression after being insulted repeatedly (see pic. above).   This apparently is a mistake made by chief prosecutor and two prosecutors all on mass media before,   because, according to Taiwan's criminal law, even the victim does not understand or correctly interpret the humiliation, the victimizer is still guilty.

Are they trying to deliver some hidden messages ?
There's no doubt the prosecutors has not made clear the facts.   Is there any more doubtful points in prosecutors' processing procedure?   Legal experts around the world can find out the hidden truth.

 

 

 

 

 

 

 

 

 

 

pic. left:  Liberty Times (自由時報) 1-26-2019: new chief prosecutors are "capable" ... 
 ps:
 The gov. should focus on chief prosecutor's working ethics, otherwise their "capability" became a bad thing to the justice   (Lin Bang-liang concluding my case was appointed chief prosecutor in 金門)

 

pic. above:  United daily (聯合報) 1-26-2019: new chief prosecutors
aims overall arrangement for 2020 presidential election

ps: judicial reform is not successful and is questionable !!

 

 

 

 

 

 media
comments

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,  2-26-2019:  National Chung Cheng university's survey : Judicial reform failed to satisfy more than 80% Taiwanese , the public trust on Taiwan judiciary is down to about 20%.
Liberty Times ( head page 12-8-2018) Taiwan P.M. (賴清德):  Taiwan has not made significant progress on judicial reform, which is roiling with public discontent.
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 (
   
Taiwan president Tsai Ing-wen (Apple Daily, Liberty Times etc ,11-30-2016; China Post, Dec. 5, 2016,  United Daily 2-27-2018) Taiwan president Tsai Ing-wen pronounced a death penalty on Taiwan's justice, stated by Judges Association for President Tsai declared at Judicial Reform meeting (11-25-2016) that  no such injustice "The rich get off scot-free, the poor get the death sentence" (有錢判生,無錢判死) should be repeated, and blasted (5-20-2016) Taiwan justice earning no Taiwanese people trust.
Taipei mayor Ko (United Daily 2-27-2018) Taiwan's jail and prison are good only for those have no connections at all. ("監獄是關沒有辦法的人")
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.
 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  13, 2016 (US state dept.) the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases have been publicly questioning
The United Daily,  7-6-2016   Law professor Huang National Chung-Hsin University, Law School (中興大學)
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.

 

 

 

 

 

 

 

 

 


pic.: The Liberty Times (
<自由時報>) headlines、3-16-2019: Taiwan prime minister is not satisfied with judicial reform,
out-of-date judges should be out !

 

 

 

 

 

國內外司法評論 摘要

Int'l & local Institutions

國內外評論

蔡英文總統, 中華民國法官協會 ( 蘋果日報, 自由時報, 11-30-2016; 聯合報  2-27-2018  UDN 聯合筆記 ) 中華民國法官協會批總統蔡英文「無疑向世界宣判台灣司法死刑」!因蔡英文於「司法國是會議」(11-25-2016)期許司法不要「有錢判生,無錢判死」就職典禮 (5-20-2016)指「司法無法親近人民、不被人民信任」...
美國國務院人權報告  USA Country Reports on Human Rights practices,  4-20-2018 司法不獨立 難以公正
  台北市市長柯文哲 ( 聯合報 United Daily 2-27-2018 聯合筆記) "監獄是關沒有辦法的人"
   <聯合報>,  法務部帶頭違法
<聯合報>, 檢察官辦案之獨立性, 至今仍不時遭受質疑高層捍衛司法獨立的決心仍待檢驗
  蘋果日報(Apple Daily) 社論, 3-14-2018    <2017台灣社會信任調查> 顯示司法官信任度倒數第二
 <聯合報>,  司法院司改進度報告指出 台灣法官公信度始終偏低
  民視(FTV), 7-26-2018 法官信任度不到 16%。
National Chung Cheng university's survey  (head-page of the Liberty Times, 2-23-2016)  近8成(76%)民眾認為檢察官不公正,逾84%台灣民眾不信 任法官 public trust on Taiwan judiciary system keeps falling down in the past 8 years.
 美國國務院人權報告USA Country Reports on Human Rights practices,   台灣司法不夠獨立 justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.   
美國國務院人權報告USA Country Reports on Human Rights practices, 6-26-2015, 2-27-2014 (US state dept.): 貪污與政治審判(政治影響司法),問題仍舊存在,學者與評論公開質疑檢察官 與 法官的公正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.
 
聯合報,  06-18-2016,   Head page news 檢察
The deputy dean of Law School, National Cheng-Chi University,聯合報The United Daily, 5-2015)  政大法學院副院長: 判決標準不一,是造成人民不信任司法的原因中國時報 (12-14-2015): 前大法官城仲模: 人民多數對司法不信任
聯合報,  02-27-2017 , 陳長文/法學教授 呼籲開放判決不同意見書制度。 /〈司改 全面公開判決不同意見〉&〈如何提升司法公信力〉
聯合報,  08-24-2016 ,  Editorial 台灣的政治文化一向以挑戰法制、超越法律為能事,... 我們的立法和司法部門從不以此為恥,也無意重懲遏止,卻屢擒屢縱(詐騙集團行遍天下)
自由時報, 06-19-2016 司法體系摻雜中國傳統「官」的概念,...淪為獨裁者整肅異己、衛護政權的工具。
USA Country Reports on Human Rights practices, April  13, 2016 (US state dept.) the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases have been publicly questioning
聯合報The United Daily,  7-6-2016   Law professor Huang National Chung-Hsin University, Law School (中興大學)
自由時報, ,  "自由談": ... 司法界比起政治界官官相護尤其嚴重...
自由時報, 02-28-2017 http://talk.ltn.com.tw/article/paper/1081808 所有改革中,「人民對司法改革有最高的期待」
自由時報, 02-28-2017 <自由廣場> http://wenichin.blogspot.tw/ 台灣最可怕也最嚴重的是司法的深層結構。審判機關淪為黨國的奴婢,這個現象已到積重難返、病入膏肓的地步。...如果不能像德國一樣全數驅逐納粹法官、檢察官,陪審團制絕對是另一種也是唯一且較好的選擇。

 

 

 

 more cases

   

 

 

 

 

 

  The dizzy (caused by medicines) sleepy old persons aged 90 can walk alone in the midnight ?

 

   more probable judicial persecution cases (English version)
 

   更多疑似政治判決  Click to read ! (in Chinese, full version)