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public
insult crime
(
similar to American Laws around libel & slander) case
study
★ ★ this site's world No. 1 in 2020~21, 2017~19, 2016, 2015, 2014, 2013, 2010~12 ★ Top since 1998 ★ |
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pic. The websites group's "Taiwan judicial persecutions"
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case study : the 5 star hotel restaurant's public insult
- words & sniffing at customer
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pic. right: "No.1 "Taiwan crime of public insult" on Yahoo, 12-21-2020 pic. left: No.1 "crime of public insult in Taiwan" on Bing, 12-21-2020
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1. principal points of the arguments |
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High Prosecutor Office, Chief prosecutor opinions |
The site opinions |
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(1) two
chefs in the seafood bar |
(1)
According to video or
picture (below), only one chef was serving in seafood bar , obviously both the
Taipei Prosecutor Office and the Taiwan High Prosecutor Office have not
read the document or video, and correctly concluded the suit case. They
should be fire ! (2) According to the video, only one customer - the accuser (victim) was at front of the seafood bar, no other people around, so it's easy to tell the accused is the one made sniffing noise. |
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pic. :
Only one chef in seafood bar, but High Court's chief prosecutor "saw"
two chefs there -
it is impossible
that both the prosecutor (Taipei Prosecutor Office) and chief prosecutor (Taiwan
High Court Prosecutor Office)
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2. principal points of the arguments |
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High Prosecutor Office, Chief prosecutor opinions |
The site opinions |
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(1) A 5 star hotel
restaurant chef
shouted
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(1)
Those phrases
( "the exit
is out there ! "the exit is there ! the toilet is out there !!"
)
to humiliate
and push dining customers out
of the restaurant
without any reasons certainly committed
a public-insult
offense.
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3. principal points of the arguments |
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High Prosecutor Office, Chief prosecutor |
The site |
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The chef
repeatedly loudly sniffed at |
(1) The
prosecutors intentionally
turned a deaf ear
to
two witnesses. Testimony-documents given in presence of judicial police
officials in police station can prove the chef did sniff at customers
repeatedly to humiliate customers. The foreigner-witness
stood the police
station and placed her
fingerprint on the testimony-document at front of detective-police
official.
(2) Oxford and Collins dictionary : "sniff" express "contempt" , Law dictionary states "contempt" is "tends to publicly depreciate"。 (3) The word "You smell !" was judged as an offense by Taiwan court before, Why sniffing at your nose is not an offense ? Something wrong there ! (4) In Oscar movie "Parasite", sniffing triggers a killing. That's oriental culture. |
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『Sniff』in Oxford, Cambridge, Collins |
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4. principal points of the arguments |
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High Prosecutor Office, Chief prosecutor |
The site |
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(1) The chef may made unintentional mistakes (無心之過 )
(3)
The probative value of evidence shall be
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(1)
Professor Lin (成大法學教授林東茂):
" The insult stands more firm when 4 letter words following an egg to
the victim， Taiwan's criminal law should react stronger to this sort of
case" . In the case, the suspect insulted the victim by
sniffing repeatedly following bad words, the insult should stand very
firm. It should not be an
act on impulse or kind of a spur-of-the-moment thing as Prosecutor
Office said.
(2) Lots
of crimes are made by strangers, the case most likely is a
political oppression case, but no one dares to admit this. Taiwanese
government lied too many times in the past years. jumping to conclusion without basis for judgment is abusing inner conviction ( beweiswurdigung , doctrine of discretional evaluation of evidence) . |
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media |
rules for American restaurants |
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New York Times, rules for restaurants
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◆ ...
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 |
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Forbes, 9-3-2012 rules for restaurants
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◆... serve customers not annoy them
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New York Times, rules for restaurants
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◆... Never bring a check until someone asks for it, then give it to the person who asked for it |
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Forbes, 9-3-2012 rules for restaurants
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◆... 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
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" neither a political message nor an order from state machine"
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all doubtful political-legal
cases - study
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pic. left :
In earlier years, Taipei Court House (台北地方法院) and Prosecutor Office both judged the phrase
"You smell !" is an public insult offense and is guilty.
In contrast, this time the High Court Prosecutor Office concluded that sniffing repeatedly at someone in presence of huge number of customers in 5 star hotel restaurant is not guilty of public insult.
Taiwan's justice can only deal with some vulgar swear words escaped from peasants' lips ?
but has nothing to do with those well-design humiliation words with evil motive and strong determination to intentionally hurt people ? |
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After the foodie lodged a public insult criminal complaint against top-brand 5 star hotel restaurant chef, below are
The
non-prosecutorial disposition
by Taipei Prosecutor Office, |
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★ |
Comments on Taiwan judiciary |
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★
see
Taiwan's Judiciary by int'l & local fair comments
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Int'l & local Institutions |
critiques on Taiwan judicial systems |
| USA Country Reports on Human Rights practices, 3-13-2019 | 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. |
| 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 ( |
| 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. |
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pic.:
USA
Country Reports on Human Rights practices,
: The justice ministry of Taiwan was insufficiently independent ...
The
United Daily,
06-18-2016,
Head page news:
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pic.:
The Liberty Times,
United Daily 4-9-2019: Taiwan's 3 presidents |
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