Proposed Amendment to Criminal Procedure Law to Remove Collusion as Grounds for Detention: Ministry of Justice Warns of Severe Impact on Drug and Fraud Investigations

(Central News Agency, reporter Wang Yang-yu, Taipei, 11th) Legislators have proposed an amendment to the Criminal Procedure Law to remove collusion as a ground for pre-trial detention, sparking widespread discussion. Deputy Minister of Justice Huang Mou-hsin stated in an interview on the 11th that this would have a very significant impact on the nation's future efforts to crack down on drugs and fraud.

The Judiciary and Organic Laws and Statutes Committee of the Legislative Yuan continued its review of the Criminal Procedure Law amendments proposed by the Taiwan People's Party caucus and Kuomintang Legislator Weng Hsiao-ling on the 11th, with Huang Mou-hsin and others attending to provide explanations.

Regarding the content of the amendments, the Ministry of Justice has previously raised five concerns. First, some proposals to shorten the detention period could compress necessary investigation time. Second, advancing the 24-hour deadline for filing a detention request after arrest could reduce the time for law enforcement to collect and compare evidence. Third, a provision that would not restrict a suspect's communication freedom during investigation could increase the risk of collusion, destruction of evidence, and transfer of criminal proceeds. Fourth, restricting prosecutors' nighttime interrogations would affect the immediate investigation of major cases and subsequent follow-up actions. Fifth, adjusting the appeal process for detention and limiting prosecutors' ability to appeal detention rulings during trial could affect the review mechanism for compulsory measures and procedural balance.

Before the committee meeting, Huang Mou-hsin spoke to the media. Regarding the proposal to remove collusion as a ground for detention, which has been dubbed the "Ko Wen-je Clause" by outsiders, Huang said, "According to practical statistics, fraud and drug cases account for 80% of currently approved detention cases. If the grounds for detention related to collusion and evidence tampering are removed in the future, it will severely impact the investigation of etomidate-related cases and anti-fraud efforts. This has a very significant impact on police and prosecutorial practice and will affect the nation's future efforts to eradicate and investigate drugs and fraud."

The media also focused on proposals to shorten the detention period to one month and to prohibit prosecutors from conducting nighttime interrogations.

Huang pointed out, "Prosecutorial investigations are in a fluid state. In cases where there is a risk of collusion or evidence tampering, prosecutors must immediately secure the suspect and evidence at night, necessitating nighttime interrogations. If prosecutors are unable to conduct nighttime interrogations in the future, relevant evidence could be destroyed overnight, and suspects could flee."

When asked about the impact of a proposal to calculate the detention period from the start of a search, Huang said, "Currently, the detention period is calculated from the time the suspect is arrested and detained. Such an amendment would severely impact the pursuit of crime and would not conform to the principles of criminal procedure law."

When asked whether penalties for drug-impaired driving would be increased in the future, Huang stated, "Increasing and comprehensively raising penalties for drug-impaired driving is a future national policy. In the relevant drafts, penalties are being raised by one level. The relevant drafts are currently under review by the Executive Yuan." (Editor: Pan Yi-ching) 1150611