Flights to Avoid Prosecution Must Be Stopped

Flights to Avoid Prosecution Must Be Stopped
China Times editorial (Taipei, Taiwan, ROC)
A Translation
May 17, 2012

Summary: Convicted criminals fleeing the country as the result of loopholes in the justice system poses a problem. People from all segments of society are concerned. According to Bureau of Investigation Fugitive Tracking Unit data, at least 192 well known criminals, plus nearly one thousand other major criminals, have already fled overseas. This constitutes a serious setback to judicial credibility. The government must track them down through various channels. It must remedy the situation by putting an end to judicial loopholes.

Full Text below:

Former legislators Luo Fu-chu and Chiang Lian-fu, also known as the "two Fus," have fled the country, one after the other, before they could be taken to prison. Convicted criminals fleeing the country as the result of loopholes in the justice system poses a problem. People from all segments of society are concerned. According to Bureau of Investigation Fugitive Tracking Unit data, at least 192 well known criminals, plus nearly one thousand other major criminals, have already fled overseas. This constitutes a serious setback to judicial credibility. The government must track them down through various channels. It must remedy the situation by putting an end to judicial loopholes.

Most of these fugitives flee to the Mainland, the United States, Canada, and Southeast Asia. Mainland China is a favorite with fugitives due to language, culture, and geographical proximity. Fugitives to the Mainland include former Tuntex president Chen You-hao, former Kozo Group president Tseng Cheng-jen, former Legislative Yuan President Liu Sung-fan, former legislators Wang Chi-hsiung, Ho Chih-hui, and "White Wolf" Chang An-lo. Some have gone into hiding. Others are living high-profile second lives. Chen You-hao is suspected of embezzling $600 billion NT and investing in on the Mainland, in the Sinopec Group. In Xiamen, he pays annual taxes in excess of 100 million RMB. His debts meanwhile, remain on Taiwan. His crimes and his punishment remain on Taiwan. He has made a glorious comeback on the Mainland. He has gotten a fresh start. When the people on Taiwan witness this, how can they feel anything but disgust?

Others have fled to the United States, Canada or Europe. Most of these are white collar criminals who already obtained local passports or the right of permanent residence. These people once had family fortunes. They are protected by their legal status as immigrants, and by tedious and lengthy legal procedures. Taipei has no extradition agreements with these countries. These fugitives know Taipei cannot touch them.

Examples include former Rebar Group chairman Wang You-cheng and his wife, Ching Chi-jiu who embezzled public funds in the PNG corruption scandal, and Huang Fang-yan, former vice president of Shin Kong Hospital, who is suspected of laundering money for the Chen family. He is reportedly living in the lap of luxury in Los Angeles. Some are hiding in Canada. JWOS Group chairman Zhang Wanli and his son siphoned off tens of billions of dollars worth of school property. Former National Security Bureau cashier Liu Kuan-chun and his wife are suspected of embezzling 190 million dollars in public funds in the Feng Tian and Dang Yang scandals. The amount of money these people have embezzled is astonishing.

Others chose to flee to Southeast Asia, the Philippines, Thailand, Vietnam, and Cambodia. Most of these fugitives are drug dealers and major criminals. Altogether, there are 192 of them. One hundred twenty-five of them are guilty of white collar crimes. Thirty-three of them are guilty of political corruption. These notorious criminals can order up the weather. Their numbers are startling. No matter how much they pocket in Taiwan, they are free and clear as soon as they flee overseas. Who knows how many faceless petty criminals have fled overseas to avoid prosecution.

Many people do not understand, Taipei and Beijing have joint crime-fighting and legal assistance mechanisms. Cross-Strait relations have improved considerably in recent years. So why don't these mechanisms work when we need to catch wanted criminals? Forget the small fry. Chen You-hao is openly conducting business on the Mainland. Why don't we demand that the cross-Strait cooperation mechanism extradite him? The answer is that Taipei's law enforcement entities cannot exercise authority on the Mainland. Tracking down and arresting these criminals requires assistance from Beijing. Watching as a major criminal thumbs his nose at the law makes people wonder about the effectiveness of cross-Strait reconciliation.

The loopholes in the legal system are huge. For the justice system on Taiwan, this is a huge irony. A justice system must punish evildoers to maintain public confidence in the social system. Universal respect for the rule of law ensures social stability and a feeling of security. But we cavalierly allow criminals to flee. They escape legal consequences. They even thumb their noses at us from abroad. We can do nothing about it, As a result, the public is disillusioned with the justice system. Once the justice system loses its credibility, public cooperation and support for law enforcement is no longer forthcoming. An important social institution will be eroded.

Not long ago, word emerged that Luo Fu-chu was about to flee. Yet prosecutors and police did nothing. The day Luo was to be taken to prison, they ostentatiously issued an arrest warrant and sent marshals to take him into custody. All the while however, everyone knew it was all for nothing. Nevertheless they followed the script to the letter. They seemed to be putting on a show for the public. Perhaps they were playing dumb. Perhaps they were taking the public for fools. Perhaps they were merely amusing themselves. In any event, the justice system was turned into a joke. Did Luo Fu-chu have a good belly laugh while watching the news from the safety of the Mainland? All we know is many people on Taiwan swore up a storm.

The Judicial Yuan has responded. It has urged the Legislative Yuan to amend the Code of Criminal Procedure, When a court sentences someone to over two years imprisonment, they no longer need to wait until the defendant has heard the verdict. Prosecutors will be able to skip the existing summons and custody procedures. They will be able to take the accused into custody and begin monitoring his or her movements. Electronic surveillance and convict custody are not included in the amended law however. Enforcement of the law must strike a balance with protection of human rights, But overly lenient treatment of potential flight risks also harms society. The law should be amended as soon as possible. Flights to avoid prosecution must be prevented. Prosecutors and police must be able to implement the law. Only then will we know whether it actually works.

中時電子報 新聞
中國時報 　2012.05.17
社論－杜絕要犯潛逃 重建司法威信
本報訊

    　前立委羅福助、江連福「二福」接連在發監前落跑後，定罪要犯趁司法空隙潛逃出境的問題，已經引發各界關切。據調查局追緝外逃小組的資料，目前至少有一百九十二名大咖、外加上千名刑事通緝要犯逃亡海外，重挫司法威信。政府除了必須循各種管道追拿之外，還必須亡羊補牢，杜絕司法漏洞。

    　這些要犯的潛逃地以中國大陸、美加與東南亞為大宗。中國大陸因為語言文化相通、地理接近，成為落跑最愛。包括前東帝士總裁陳由豪、前廣三集團總裁曾正仁、前立法院長劉松藩、前立委王志雄、何智輝、「白狼」張安樂等，有的神隱不知所終，有的高調展開「第二人生」。涉嫌掏空台灣六百億元的陳由豪到大陸重建石化集團，在廈門每年納稅逾億元人民幣。債留台灣，罪刑也留台灣，風光前進大陸再世為人，這叫台灣民眾看了，能不吐血嗎？

    　另外一群前進美加或歐洲地區的，多是已經取得當地護照或居留權的經濟犯。這些人本有身家，再仗著法律對移民的保障，以及訴訟程序的冗長繁瑣，加上我國與對方國沒有簽署引渡協定，所以吃定台灣政府拿他們沒皮條。

    　例如前力霸集團董事長王又曾夫婦、侵吞「巴紐案」公款的金紀玖，和涉及扁家洗錢案的新光醫院前副院長黃芳彥，據說都在美國加州洛杉磯逍遙。躲藏到加拿大的，則有違法吸金並掏空校產上百億元的前景文集團董事長張萬利父子，涉嫌侵吞「奉天專案」、「當陽專案」公款一億九千萬元的前國安局上校出納組長劉冠軍夫婦。這些人犯案的金額加一加，還真是不得了。

    　至於選擇逃往東南亞菲律賓、泰國、越南、柬埔寨的，則以毒品等刑事犯居多。總計一百九十二名逃犯裡，以經濟犯一百廿五人為最大宗，其次是貪汙犯卅三人。這麼多大名鼎鼎、喊水會結凍的大咖，數都數到手指頭酸了，他們無論在台灣捅了多大樓子，落跑到外面之後都能平安無事，其他跑出去規避司法懲罰的不知名小咖，恐怕更加不知凡幾。

    　很多人也會不解，兩岸原本就有共同打擊犯罪及司法互助機制，近年來兩岸關係有相當改善，為什麼在抓通緝犯時卻沒辦法發揮作用？小咖也就罷了，像陳由豪這種堂而皇之做生意的，為什麼不能循兩岸合作機制遣返歸案？我國治安單位畢竟不能在大陸行使公權力，追查及緝捕需要中國方面的協助，眼看著落跑大咖在對岸風光得意，也會讓人對兩岸和解的成效感到疑惑。

    　法網漏洞破這麼大，對台灣的司法正義實在是一大諷刺。司法體系的維持，在於能公正有效地懲凶罰惡，讓人民對整個社會制度產生信任，並在共同遵守法制下，維持社會的穩定與安心感。如果壞人可以輕易落跑，不必接受法律的制裁，甚至隔海招搖猖狂，我們卻拿他們莫可奈何，那麼民眾會對司法感到失望與懷疑。司法一旦失去威信，執法時會因為得不到民眾合作與支持而益發困難，也讓這項重要的社會體制遭到侵蝕傷害。

    　尤其，前不久羅福助早已傳出落跑，檢警卻毫無動作，等到發監當日，再煞有介事地發出拘票並大陣仗派人拘提，明明大家都知道會白忙一場，卻還是照著劇本走完程序，給人感覺彷彿是在演戲給民眾看，自愚愚人也好，自娛娛人也罷，司法威信簡直成了笑話，不知道羅福助在對岸看到新聞會不會笑到翻，至少台灣這邊很多人是罵到翻。

    　司法院於是緊急提《刑事訴訟法》修正案送立法院，未來經法院判刑二年以上確定，不用等到被告收到判決書，檢方將可直接跳過現行的傳喚、監控程序，逕行拘提被告發監執刑。但「電子監控」、「有罪羈押」部分，因未列入此次修法範圍。固然，司法手段必須與人權保障取得平衡，但過度鬆懈縱放要犯，對社會公益也會造成傷害。是否能及早完成修法，未來是否能夠有效防堵脫逃，檢警必須以實際執行成效接受檢驗。