TAIPEI (Taiwan News) — The Prosecutors Association on Tuesday criticized the TPP's proposed amendments to the Code of Criminal Procedure, warning they could make it easier for criminals to evade prosecution.
The association said starting the 24-hour clock for detention requests at the beginning of a search rather than at the start of a prosecutor's interrogation would significantly reduce the time available for questioning suspects, per UDN. It also argued that shortening the maximum detention period during investigations from two months to one month would make it more difficult to handle complex cases.
The group further warned that prohibiting prosecutors from restraining suspects during interrogations could create unnecessary risks for law enforcement. It also objected to requiring courts to hear a suspect's defense before changing a ruling from bail to detention, arguing that advance notice could encourage suspects to flee.
Saber Youth Prosecutorial Reform also criticized the proposal, saying changing the standard for detention from the possibility of collusion with witnesses or accomplices to evidence of actual collusion would undermine detention's role in preventing interference with investigations, per Liberty Times.
The Justice Ministry echoed those concerns, noting that detention is most commonly used in cases involving organized crime or offenses that pose significant risks to public safety, per UP Media. The ministry warned that limiting the use of detention to prevent collusion could allow suspects to destroy evidence before investigators have the opportunity to review it.
TPP Chair Huang Kuo-chang (黃國昌) defended the proposal, arguing that it is less restrictive than amendments proposed by then-DPP lawmaker Lai Ching-te (賴清德) in 2008, per ETtoday. Huang noted that Lai's proposal would have limited detention during investigations to 10 days.
DPP Legislator Lin Chun-hsien (林俊憲) responded that Lai's proposal was drafted in response to what he described as abuses of power by the now-disbanded Special Investigation Division, per Liberty Times. He said the goal was to place limits on the division rather than, in his view, create a loophole that could benefit former TPP Chair Ko Wen-je (柯文哲).
The TPP began pushing for detention reform in 2025 during Ko’s detention amid an investigation into his Core Pacific City graft case. Ko was later found guilty by the court.
After former President Chen Shui-bian (陳水扁) was detained on corruption allegations in 2008, the DPP protested the decision, per Liberty Times. Lai argued at the time that prosecutors were using detention to pressure Chen into confessing and described the practice as a violation of human rights, per Liberty Times.
Lai later proposed amendments to Taiwan's pretrial detention system, describing them as safeguards against human rights abuses, per Liberty Times. Chen was later found guilty by the court, per Taiwan Panorama.
