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the court detained ke wenzhe for "deliberately doing it" to benefit shen qingjing by more than nt$20 billion

2024-09-05

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the case of people's party chairman ko wen-je was searched and questioned by the procuratorate and the anti-corruption agency for the jinghua city case during his tenure as mayor of taipei. the taipei district court (hereinafter referred to as the "taipei district court") ruled that he could be released without bail in the early morning of the 2nd. the taipei district prosecutors office (hereinafter referred to as the "taipei district prosecutors office") successfully appealed against the ruling. the taipei district court officially opened the trial at 2 pm on the 5th and ended at 4:30 pm. the court announced the ruling of "detention and no contact" at 5:08 pm, and the three reasons for detention were also exposed.

the taipei district court pointed out that after being questioned, ko wen-je did not dispute some of the facts indicated in the application, and there were sufficient evidence from the defendant, accomplice, witness statements, and related evidence. ko wen-je knew that the excessive increase of more than 560% of the volume of jinghua city violated the "law", but he still insisted on doing it, and his will was clearly revealed. as a result, the accomplice shen qingjing obtained illegal profits of more than 20 billion yuan (new taiwan dollars, the same below) in the jinghua city case. the defendant is suspected of committing the crime of "seeking profit" in article 6, paragraph 1, clause 4 of the "anti-corruption act" of the taiwan region.

the taipei district court explained that, based on the content of the application and the case details known to the investigating prosecutor, this case has formally met the requirements of article 6 of the anti-corruption act for the crime of seeking profit. however, whether ko wen-je was the only one seeking profit from shen qingjing, an accomplice of jinghuacheng, or whether he had made an agreement with shen qingjing or even accepted bribes in violation of his duties, remains to be determined by the investigating prosecutor based on the specific evidence obtained by the investigation.

the judge believes that investigation is a fluid state, and as evidence and information are obtained, a specific criminal profile is gradually formed, and it may even turn into a "bribery" crime with a heavy sentence. in order to avoid a heavy sentence, even if ko wen-je temporarily confesses some facts, he may still evade the important issues in the future, change his words, or even collude with accomplices or witnesses.

moreover, what ko wen-je said is still inconsistent with what shen qingjing, ying hsiao-wei, peng zhensheng and others who have been detained. in order to protect ko's future right to question and the integrity of witness testimony, and the fact that ko wen-je is currently involved in the crime of "profiteering" with the lightest sentence being more than five years in prison, there are indeed sufficient facts to prove that he is in danger of destroying evidence and colluding with accomplices or witnesses because of committing a serious crime.

the ruling pointed out that the dynamic balance between protecting ko wen-je's rights and interests and maintaining public interests was taken into consideration, and the principle of proportionality in taiwan's current constitutional provisions was taken into account. in particular, the "criminal procedure law" has no effective prevention provisions for collusion with accomplices or witnesses, and it is not possible to provide bail as stipulated in the "criminal procedure law", which can only be guaranteed by confiscation of a deposit when the defendant flees.

the ruling said that in order to preserve evidence, and after considering that the corruption crime caused shen qingjing to obtain more than 20 billion yuan in illegal profits in the jinghuacheng case, which had a far-reaching impact on the social level, the public interest should be protected. therefore, it is considered that it is indeed impossible to replace it with bail, responsibility, and restricted residence, and detention is necessary. ke was detained in the taipei detention center in accordance with the criminal procedure law, and was prohibited from visiting and communicating.(lin jingxian, strait herald reporter in taiwan)