Recently, the Taiwan authorities have strictly investigated fake news and fake news. Under the vague definition, the situation of people being "checked water meter" by the police was repeatedly caused by the police, which caused panic. Including the National Taiwan University professor Su Hongda criticized the Forbidden City policy on Facebook, and was transferred by the Bureau of Investigation to the police to investigate the matter according to the spread of rumors. A woman named Cai reposted a video of "legislator" Gao Jinsumei's inquiry on the Taiwan authorities' development assistance (ODA) plan and the new south direction, and was summoned by police dispatch units in the north, central and southern regions, including Kaohsiung City and Tainan City Criminal University, but the court ruled that it would not be punished.
The police conduct inspections on the prerequisites: "reasonable suspicion"
Police law enforcement is to maintain public order and combat crimes, but if the law enforcement power is strong but not in compliance with laws and regulations, lacks legal basis, and reckless handling of cases will not only be "slapped in the face" by the court, but may also make society disgusted; the police must be careful and cautious in investigating crimes and safeguarding the basic rights and interests of the people.
People don’t need to panic when they come to the door. If they are temporarily inspected, the premise must be “reasonable suspicion”, “crime risk”, or in a “designated public place”. If the police cannot state the reasonable cause or suspect the crime, they may refuse to cooperate. Even if the identity is verified, the police cannot ask the search for personal belongings for the public as long as there is no criminal suspect.
Lawyer Zeng Jiayi pointed out that if the police come to the police station or branch at home and ask to take a record at the police station or branch, it depends on whether the police have a notice signed by the branch director, or a warrant for searching and detention issued by the court or the district prosecutor's office. When making the record, a lawyer can be asked to accompany him; if there are any doubts about the police's arrest procedures, they may claim to "please ask for a trial" to the court. The police should hand the person over to the court within 24 hours. If the judge determines that the process is illegal, it will be released.
Young people backpack bags. The police "feel" that the driver wants to check
A man named Chen in Taoyuan In July 2017, the backpack was standing in front of the supermarket. The police "feel" that he was the driver who asked for a cross-check but was rejected. After both sides pulled Chen was sent to the police for obstructing public service. The court reviewed the case and launched a check on the identity threshold based on several reasons such as Chen's appearance of young, backpacking, and standing in front of the supermarket. It was just a subjective conjecture and objectively there was no criminal suspicion, which did not meet the requirements for verifying identity.
After the inspection recording, the police said, "Do you bring a certificate according to the law of the police's power?" Chen gave birth to a font size, but the police still asked to see the bag. Chen questioned that he was not a current criminal, and the police still insisted on seeing his bag and said, "We can report to the prosecutor, and you can search whatever you report"; the court pointed out that if the police did not meet the legal requirements, the other party had the obligation to tolerate his departure.
The car parked and smoked on the roadside. The police asked to search the car.
A man named Lai in Taoyuan stopped on the roadside and smoked on the car in April 2018. The police asked to check and search the car on the grounds that he was "alone in the car in the morning". Although he was killed by a small bag of K. However, the court believes that the current situation is not the "vehicle that has been harmful" or "vehicle that is prone to harm based on objective and reasonable judgment". Any vehicle cannot be inspected arbitrarily, summarized or randomly.
and the defendant in the criminal case, only parked his car on the side of the road, which was not a criminal suspect, and the police who were on the prosecution did not have any evidence. The police searched arbitrarily without legal basis, hindering the freedom of the people first, and even random inspections were conducted out of subjective and lucky, violating the legal procedures and proportional principles, and the life seized was not proof-making.
Police come to the door. Remember to see the uniform certificate
Police prosecutors are based on the "Police Power Exercise Law". Articles 4 and 6 of the law stipulate that police must wear uniforms or present certificates to indicate their identity and inform the reasons. As long as the regulations are not stipulated, the people can refuse; in addition, the premise for the police to prosecutors is that there must be "reasonable suspicion", "crime risks", or in "designated public places". If the people encounter prosecutors, the police cannot state the reasonable reason or suspect the crime, they can refuse.
A judge pointed out that in recent years, it was found that the police used Article 7 of the "Police Powers Act" inappropriate process. This law is used to identify the identity of other people. If there is no criminal suspect, you must not require you to check your personal belongings later. That is to say, the police cannot ask for searching for personal belongings after checking their identity.
Judge found that the common police claim Article 7, as long as the identity is checked, it is found that the person involved has a criminal record, but "having a criminal record does not necessarily mean that there is a criminal suspect." If the police further cross the threshold without any basis, ask for a personal belonging or search, it is obviously inappropriate to use.
There are doubts about the arrest procedure and you can "please ask the court for a trial"
The lawyer Zeng Jiayi, who was a former judge, said that if the police "use the name of the prosecutor, they can do the search", the public can refuse. As for refusing to prosecutor, they may be taken to the service office according to Article 7 of the "Police Powers Act", and the police may not be taken to the service office for verification for more than 3 hours. The public can also raise objections to the police, or ask for a written objection form, and then file a lawsuit to be willing to provide power relief.
Zeng Jiayi pointed out that when a person encounters a police officer at home, he asks to go to the police station or branch to take a record, it depends on whether the police have a notice signed by the branch director, or a letter of search and detention issued by the court or the district prosecutor's office. When making the record, a lawyer can be asked to accompany him.
If you have any doubts about the police's arrest procedures, you may claim to "please ask for a trial" to the court. The police should send the person to the court within 24 hours. If the judge determines that the process is illegal, it will be released. Otherwise, it will be rejected and the arrested person will be handed over to the original authority.
Professor Su Hongda of the Department of Political Science at Taiwan University criticized the Forbidden City’s policies on Facebook, and was sent to the police station for investigation by the Bureau of Investigation for a letter that violated the “Social Order Maintenance Law”, which caused heated discussion. Photo/United Newspaper series data photo
Spreading earthquakes and false information on natural disasters, and only criminal punishment is available
Recently, the police arrested fake news, and obstructed order and peace in accordance with the social order maintenance law. Spreading rumors is enough to affect public peace. Many people posted articles on Facebook, reposted sensitive political remarks, and even criticized senior officials and were sent to the court.
However, in the information transferred by the police, it is usually difficult to prove that listeners have fear and panic because they should be false. According to recent rulings made by local courts, most of the rumors spread by no evidence are enough to affect public peace and rule to be impunciated.
Lawyer Lin Fugui pointed out that the so-called fake news and false information, such as blatant insults, causing personal and reputational damage and degradation, or involving public safety, causing public panic, etc., such as spreading false information such as earthquakes and natural disasters, will lead to criminal punishment. The rest of the fake news situation is at most a personal moral behavior.
Lawyer Zeng Jiayi pointed out that in addition to the legal constituent elements, it is necessary to return to whether there is real malicious intention; the public sees natural disasters, disease transmission, or other issues closely related to the public on the Internet, which may be shared with others for "good intention". As for criticizing public figures, it is a matter that can be evaluated by the public and should be protected by freedom of speech.
