￭ unwanted one refused to leave when asked, and endanger elder person - was not charged;
￭ house-owner's self defense was persecuted
★ this site's world No. 1 in 2020~21, 2017~19, 2016, 2015, 2014, 2013, 2010~12 ★ Top rankings since 1998 ★
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Criminal Trespass
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Self defense ￭ unwanted one refused to leave when asked, and endanger elder person - was not charged; ￭ house-owner's self defense was persecuted ★ this site's world No. 1 in 2020~21, 2017~19, 2016, 2015, 2014, 2013, 2010~12 ★ Top rankings since 1998 ★ |
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Is Taiwan or Taipei a living safety place?
| case study - brief |
|
Do you accept these legal judgments ?
―
An unwanted intruder ignored expel-notice, kept staying in your house, and
infuriated a
90 years old grandma suffering with
Cardiac
failure (weak heart), Coronary artery heart disease, Hypertension
etc (more likely leading to a death in Fall or Winter) , and you just failed
to ask and pull&push the intruder out, moreover, this intruder continued
to insult the house-owner by
strident voice
& violent Chinese words like "You're useless ( waste,
incapable
)", and stayed
30-50 minutes after receiving formal notice to leave, eventually police with
guns came ....
Taiwan's
prosecutors of Taipei District Court concluded the 'intruder' was not intend
to stay because the intruder left the house after armed police's communication & persuasion,
so the prosecutor decided not to charge the intruder. Instead, this
prosecutor decided to prosecute the house-owner's self-defense (pull&push
intruder out of house by naked hands)
for Offenses of Causing Bodily Harm (appears minor
injury not proved to be done by house-owner yet). |
Low personal risk is the most important factor of criteria by
The EIU's Liveability Ranking
( the Economist
Intelligence Unit global “liveability” study),
Monocle's Most Liveable
Cities,
Mercer Quality of Living Survey.
According to
Taiwan's National Chung
Cheng university 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. NCCU
(1.27.2014): nearly
70% Taiwanese people are not satisfy
Taiwan's
society
security/public order (criminal rate,"治安狀況"),
50.4% Taiwanese worry becoming next victim
in criminal/security cases("遭侵害"), which reach a
new high within recent 5 years (<Apple
Daily>, 1.27.2014).
More
case studies
-
legal? political ??
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pic.: No.1 ranking on google by keyword "Taiwan
prosecutors", |
pic.: No.1 ranking on google by keyword "comment Taiwan judiciary" in Chinese, test at 9-3-2016 (the website was moved to intlHumanRights.com) |
Closer look at these legal cases:
|
Prosecutor's view |
House owner's comments |
|
| 1. |
no need to (has not) summon the eye-witness |
The prosecutor's
judgment should unbiased hear all the evidences given by both sides.
But, the prosecutor did not summon house-owner and 2 eye-witness persons to the court-room, and did not see DVD video evidence recording home intruder's bad behaviors, the prosecutor soon jumped to a conclusion ― to charge the house owner (90 years old person's son trying let unwanted intruder out of the house). |
| 2 | Ignore serious criminal cases |
It's a self-defense
case. The intruder's violent words might hurt aged-90 lady
(house-owner's mom) |
| 3 | The home intruder left the house after policemen's communication/persuasion, so prosecutor concludes this proves the intruder/invader was not intend to stay in other's residence | the home intruder already kept staying for such a long time after the house-owner's expel-notices , that's why the house owner called the police to come ? After Policemen with gun came, certainly the home intruder scared and left the house very soon. |
| 4 | The home intruder/invader said that arguing with and making things clear to the house-owner is why the home intruder stayed so long regardless of expel-notices. |
(1) The home intruder/invader is dangerous ― endangering a
90 years-old person's health&life by violent words, so this
intruder/invader should
leave immediately. (2) The home intruder/invader admitted having driven a 90 years old grandma very mad so that she did strike the table . (3) The home intruder/invader didn't explain anything, but make noise and violent words (see DVD evidence). (4) The home intruder/invader should leave the house very soon after the house owner asked intruder/invader out, according to scholar book, High Courts judgment precedents and the criminal law - Article 306: Anyone stays in other's residence regardless of house-owner's expel-request, will be charged sentence below 1 year ... ps: In the US, the house owner may shoot an unwanted intruder causing danger for safety |
| 5. | The house owner held a chair against (椅子頂) the home intruder/invader's chest. |
(1) That's a lie ! Even
the home intruder/invader changed this phrase (no longer say "held a chair..."
since investigation court, and no longer say it in the statement
document forward to the legal court) but the prosecutor
still believed house owner did battery to the intruder/invader by a chair. 2
eye-witness persons already clearly expressed the house owner did not did any
battery to the house intruder by chair or stool or fist. (see DVD
evidence) (2) Taiwan's police was even more absurd ― changed the house-owner's statement in the police-station initial-questioning report and made a phony story (that even the home intruder/invader has not said) ― the house owner "flung (by a chair) the home intruder to the ground". |
| 6 | Taiwan's prosecutor thinks this case happened for a trivial (little "細故") matter. |
The home intruder should at least
committed the following criminal offenses (The home
intruder already
admitted some bad behaviors, and video camera's recorded intruder's bad behavior
and violent words.): (1) the Crime of Unlawful staying in the Dwelling House of Another Person ― the 2nd part of article 306, the Crime of Illegal Intrusion into Other Persons Residence, Taiwan Criminal Law. (2) Offenses Against Reputation. (home intruder's lots of bad Chinese words like "Your son is no good!, You're incapable or useless waste ... !") (3) Offenses Against Abandonment. (4) Crime of
public-insult (6) Domestic violence. Are criminal behaviors that be against Criminal Code - Article 306
etc, Civil Law, Article 18, 19, 184, 195 a "trivial matter"?? |
| 7 | The home intruder stayed more than 30-50 minutes |
(1) The home intruder admitted <a>understanding house-owner's expel-notice,
but just choose to stay with no reason. <b> Eating, drinking, sleeping are
some reasons to stay there. (2) According to scholar book, High Courts judgment precedents, the home intruder should picks all belongings and leaves the house immediately . At that day, the home intruder only has 2 small bags, and in hand already (see DVD evidence), so the intruder/invader should leave the house very soon . |
| 8 | The criminal fact is " beating" on unwanted intruder. |
(1) It's not "beating" or attack,
It's a
defense (legitimate justifiable self-defense by bit pull & push) to save house owner's 90
years-old, suffering heart-failure mother who was attacked by home
intruder violent,
insulting words. The house owner failed to get rid of the home intruder by mild action ..., because of house-owner's weak health status (having a tumor). (2) According to famous dictionaries e.g., Collins , the term "battery" has meanings: "with the intention of bringing a harmful or offensive contact", "a hostile or offensive manner", obviously, the house owner only intends to save his mother. |
| 9 | the prosecutor chose with no reason one phrase from some of the home intruder's testimony-phrases contradicted to each other. |
The home intruder's testimony ( prime accuse) contradicted that of the
preceding testimony
phrases by the home
intruder.
● Firstly : the intruder said the house owner held a chair against the home intruder and punch by fist . ● After one month, the intruder changed the phrase, and said the house owner waved / swing a small stool to hit the home intruder. ● In the court-room session, the phrase was changed again - the intruder said "the house owner beat and push the home intruder". Eventually, the prosecutor chose the phrase she prefers or/and believe with no logical reason in her prosecution document - "held a chair against the home intruder/invader and punch this suspect by fist ". |
| 10 | Medical checkup | (1) The home intruder
did medical checkup 21 hours later ― it's
suspicious. The interval time is long enough for anyone to
make minor injury for lots more money than she can earn as
restaurant's kitchen-worker. (US movie "the Surrogates"
has same story) (2) Report shows Just some small or minor injury : 3 bruises,1 swelling, and with no evidence that who did these (the home intruder is a heavy-work poor laborer in restaurant kitchen, those injury may happen anytime and easily). |
| 11 | Same prosecutor to conclude 2 cases sort of contradicted to each other. | "the Crime of Unlawful staying in the Dwelling House of Another Person" leads to "self-defense" (or Bodily Harm) case. Once the prosecutor persecutes the latter one, means she probably won't accept "Unlawful staying in another person's house". The prosecutor should transfer another case to some other prosecutor, or the prosecutors office should not assign 2 cases to same prosecutor. (According to news report, there're some other cases are same ― same judge judged same case through 3-layer court sessions, he probably won't deny the correctness of his previous judgment ) |
| 12 | to be continued... |
PS1: CNN, 1.25.2014
Truck Rammed into Presidential Office of Taiwan's Regime in Exile http://ireport.cnn.com/docs/DOC-1078129
Around 5 am today in Taiwan, a 41-year-old truck driver rammed his 35 tons heavy gravel truck into the front door of the so-called Presidential Hall of a regime in exile called Republic of China, where the head of the pseudo government works only 20 meters away from the collision site. The driver is now hospitalized and alive, though in critical conditions....The shocking news inspired supporters of Taiwan’s pro-independent movement to have conversations on facebook to start a revolution attempting to solve all problems of widespread injustice and corruption accompanied by worsening economy due to the one-china policies of the current regime’s rule. One of them said, "This is the first canon ball of our revolution to establish a country in our name, Taiwan."
PS2: Taiwan prosecutor's not-indictment document (main part) as below:
  |
another home invasion case of mine in Taiwan click |
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ps:
I don't agree that the High Court concluded slander-words "You are incompetent (useless) !" yelled by the home intruder/invader are "subjective view", and I don't agree High Court concluded this is not the "case of public insult" . I also don't agree that the judge's words in another case (body-harm/ self-defense) "I only buy the medical record (that's it)". In my view, the judge should consider self-defense as well, and the home intruder went to clinics the next day, hence bruises can be faked, the home intruder asked lots of money for a few bruises ... In the US, the home intruder can be shot by house-owner ! ( to be continued) |
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| ★ 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, 3-11-2020 | Some political commentators and academics, publicly questioned the impartiality of judges and prosecutors involved in high profile, politically sensitive cases. Judicial reform advocates pressed for greater public accountability, reforms of the personnel system, and other procedural improvements |
|
<Liberty
Times
自由時報>
7-1-2020
https://news.ltn.com.tw/news/society/paper/1383385 |
( Avoid judicial monsters ) : The main reason that the public do not trust the justice is lacking of external supervision (外部監督力量) and hence quite many controversial legal judgments were out there |
| <United Daily 聯合報>10-31-2020, https://udn.com/news/story/7321/4977543 | Taiwan's judiciary spends lots of money on advertising themselves, but, the truth us Taiwan's justice always made a detour whenever encountering the power and the rich people. (司法砸錢宣傳 遇權貴卻轉彎) The Supreme Court (最高法院大法庭) has many cases to solve, but no one wants to touch sensitive issues. |
|
<United
Daily
聯合報>7-14-2020, https://udn.com/news/story/7339/4699302 |
Taiwan's president has never talked about anti-corruption, in recent years, the prosecutors and investigation gov. have not solved any big corruption cases, unlike lots of crack-downs in old days, instead, they focus on New National Security cases. No wonder Taiwan president insists abolishing Special Investigation Division (SPD) . |
|
<China
Times
中時>
5-27-2020
https://www.chinatimes.com/newspapers/20200527000524-260118 |
The public trust on Taiwan's prosecutors was suffered severe injuries from the Minister's "guides" and "leads" (部長下指導棋重傷檢察公信力) |
|
<United
Daily
聯合報>5-16-2020 https://udn.com/news/story/121092/4567513 |
The ruling party DPP has been more "authoritarian" than the way "authoritarian" government in old days was, no wonder the first thing the public have not satisfied with is the judicial reform. Many question the judicial system was reduced to be the government's tool ― to strengthen monitoring the public, and many worries, their political opponents (過去四年許多作為卻比過去威權更威權，立法、執法上不斷加強對人民的監控，司法不斷被質疑淪為掌權者工具， 司法改革卻是人民最不滿意的重中之重 ) |
| <LTN 自由時報> 7-1-2020 https://news.ltn.com.tw/news/society/paper/1383386 | 劍青檢改：Taiwan's Control Yuan was reduced to political "hit-man". |
|
<UDN
聯合報>
5-4-2020 https://udn.com/news/story/7339/4539908 |
Even law circle people are not satisfied with Taiwan's judicial reform
|
|
<UDN
聯合報>
11-8-2019 https://udn.com/news/story/7339/4173205 |
scandals in judicial circle again and again |
| <UDN 聯合報> 5-20-2019 |
How long can Taiwan judiciary stand being lynched and tortured ? (
司法還能忍受多久的凌遲？) The Control Yuan (監察院)
and the Prime Ministry (行政院)
repeatedly have taken judiciary as sacrifice-offering
(司法當祭品) |
|
<LTN 自由時報>
5-11-2020 https://news.ltn.com.tw/news/society/paper/1287753 |
Taiwan's prosecutors should not be haughty, arrogant and condescending to make themselves "superior or powerful". Enforcement officers should have empathy in mind and being humble. |
|
<Apple
Daily
蘋果日報>
3-14-2019 https://tw.appledaily.com/headline/20190314/ 4MAXLUAS3QNDAUXMGWOKPXOT2U/（莊佳瑋） |
The number of Prosecutors' unsolved cases increased a lot. |
| 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%. |
| ★ 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, 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 ( |
●
| ★ see Taiwan's Judiciary by int'l & local fair comments | |
|
Int'l & local Institutions |
critiques on Taiwan judicial systems |
| Taipei mayor Ko (The United Daily, 2-27-2018: ) | Taiwan's jail and prison are good only for those have no connections at all. |
| 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. |
| 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. |
|
ps |
Taiwan's judicial system evaluated by famous institutions of local & int'l |
| ●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, 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 19, 2013 ● <Transparency International>, Germany, July 9, 2013
The finding of the 2013 Global
Corruption Barometer (GCB), ( the
Gallup Poll to interview 114,000 people
in 107 countries all over the world): The article under the theme of （Corruption in Taiwan--Confirming the worst suspicions） reported : Three high-court judges and a prosecutor had been detained amid allegations that they took bribes to fix the outcome of a high-profile case, has brought public outrage to boiling point.
●
<The
Taiwan Foundation for Democracy (TFD )> survey,
Dec. 10, 2013
●
<Liberty Times>, <TTV>, etc, 1.28.2014 |
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| pic.: No.1 "Taiwan judiciary " on MetaGER of Euro., 11-15-2018, 9-8-2018
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pic.: No.1 "Taiwan
judiciary comments" on
MetaGER (de) of Europe,
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pic.: This websites group was
ranked No.1 on US Bing by "Taiwan judiciary" , 11-15-2018,
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pic.: This websites group was
ranked No.1 on Yahoo search engine by "Taiwan judiciary" , 10-24-2018, |
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| pic.: No.1 "Taiwan judiciary" on Yandex of Russia, 11-15-2018, 2-28-2018
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pic.: This websites group was
ranked No.1 on
US Bing by "Taiwan prosecutors" ,
11-15-2018,
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