public insult ( similar to American Laws around libel & slander) criminal case      Taiwan Justice ! 
                                               
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Lady of Justice

 

 

pic.:  USA Country Reports on Human Rights practices, 
3-13-2019, 4-20-2018, 3-3-2017

: The justice ministry of Taiwan was insufficiently independent ...


 

The United Daily,  06-18-2016,   Head page news:
Taiwan's prosecutors admitted that they usually follow their
superior's order to conclude legal cases...

 

 

 

 

 

 

justice cartoon

 

 

 

 

pic.: The Liberty Times,
 head-line news, 3-16-2019:
some decisions the justice made
are far from
people's expectations

 

 

United Daily 4-9-2019: Taiwan's 3 presidents
 majoring in the Laws
and the Legislators should be responsible for
the lousy image of judiciary as well



ps: this cartoon modifies the author's own cartoon
 in the UDN group  about 25 years ago

 

  The United Daily,  2-26-2019:  National Chung Cheng university's survey shows that Judicial reform failed to satisfy more than 80% Taiwanese , the public trust on Taiwan judiciary is down to about 20%.     The Liberty Times, head-page news, 7-9-2019, The China Times, 7-9-2019:  According to a survey by the Judiciary Yuan,  66.2% Taiwanese are not satisfied with the effect and outcome of judicial reform (22% of them are extremely not satisfied),  56% Taiwanese do not trust the judges ...

 

  United Daily, editorial, 5-6-2019: Control Yuan should impeach of Taiwanese prosecutors for underprivileged people, not just for their own politicians.

 

《 Liberty Times 》(自由時報》), 6-25-2019:  inconsistent standards result in low public-trust and a very popular term "dinosaur judge" ("恐龍法官") all over Taiwan...
 

 ◆  Epoch Times, 1-17-2003:   The Control Yuan of Taiwan warned to impeach of Taiwanese prosecutors' abuse of inner conviction since 2003.

The United Daily, 10-23-2018: The independence of Taiwanese  prosecutor's handling legal cases has still been questioned ....

  

 ◆  The Liberty Times,  06-19-2016  UDN, 3-6-2017: Taiwan judicial system has been ruler's political tool, law officers have been controlled by politics
... 
  Taiwan's judiciary still works as a hatchet man for KMT political party.

 

 

judicial reforms of Taiwan

 news reports

The Liberty Times,
 head-line news, 3-16-2019:
Taiwan Prime Minister Su:
Not satisfy Taiwan's
judicial reform,
 out-of-date judges
should be eliminated.

 

 

The Liberty Times,
head-page, The China Times, head-page,  12-8-2018: 
 Taiwan P.M. (賴清德):
 Taiwan has not made
significant progress on
judicial reform,
which is roiling
with public discontent.

 

 

<United Daily News>,
2-13-2018: 

Public trust in judges
is always low

 

 

 

 

pic. The websites group's "Taiwan judicial persecutions"
was ranked No.1 on  Baidu of China, 8-3-2019 

 

 

 

 

 

 

 

 

 main stream media lashed out (attack) at Taiwan political parties' playing favouritism (on national treasure) and dividing the booty by the phrase "stingy"

 

ref. to UDN editorial (聯合報社論) 11-14-2019

/民主設計的良意,如今變成私欲墳場  (https://udn.com/news/story/11321/4163629)

台灣政治最近傳來的氣味,是一陣陣的「私臭」。蔡政府近期把國庫當成民進黨的競選基金...藍綠政黨公布不分區立委提名名單,更是私氣薰天

 

 

 

 

 

 

The 5 star hotel restaurant case  ―  a foodie taking action under a Taiwan law against public insult

   

1.  principal points of the arguments

    High Prosecutor Office,  Chief prosecutor

 The site

 (1) two chefs in the seafood bar 
(2) the expert examinations fail to tell who was sniffing
because it's very noisy (background clutter) there

(1)  According to video or picture (below), only one chef was serving in seafood bar , obviously both the Taipei Prosecutor Office and the Taiwan High Prosecutor Office have not read the document or video to conclude the suit case
(2) According to the video, only one customer - the accuser (victim) was at front of the seafood bar.  
   

 

 

 

 

 

 

 

 

pic. : Only one chef in seafood bar, but High Court's chief prosecutor "saw" two chefs there - 
are they blind to all the documents (e.g., applying for Reconsideration of the Ruling) and videos ?

 it is impossible that both the prosecutor (Taipei Prosecutor Office) and chief prosecutor (Taiwan High Court Prosecutor Office)
made same mistake !  or they were just trying to deliver some political messages ?

 

 

 

 

 

 

 

2.  principal points of the arguments

    High Prosecutor Office,  Chief prosecutor

 The site

(1) A 5 star hotel restaurant chef shouted
"the exit is there ! the toilet is out there !!"
to a dining customer (didn't ask him where toilet is)
 in the presence of large number of
customers in that very large restaurant
committed no any
humiliation offense (crime of defamation, or public insult which is similar to American Laws around libel & slander)  in Taiwan
(2) The expert examinations failed to tell who spoke those
loud and clear phrases 

 

(1)  Those phrases ( "the exit is there ! "the exit is there !  the toilet is out there !!"  )  to humiliate and push dining customers out of the restaurant without any reasons certainly committed an offense.
(2) The seafood department has only a few chefs, their manager can easily tell who was the suspect.   Is Taiwan short of the A.I. (
New Scientist>, nov. '17) or other very old tech. to examine those voices ?  I doubt it !
(3) "toilet" is a symbol of waste, and stinky, dirty things.
(3) Taiwan isn't a foodie-friendly country, or a civilized country   -  compared with
the rules for American's restaurants - ref. to Forbes, 9-3-2012, New York Times, 10-29-2009.

 

 

 

5 star hotel restaurant
pic.: a "VIP" seat in Taiwan's 5 star hotel restaurant - this modifies the author Zola Zu's cartoon in the China Times about 25 years ago

 

 

 

3.  principal points of the arguments

    High Prosecutor Office,  Chief prosecutor

 The site

 The chef repeatedly loudly sniffed at
 the dining customers in the presence of large number of
customers on a 5 star hotel restaurant
committed no any
humiliation offense (crime of defamation, or public insult
which is similar to American Laws around libel & slander
)

(1)  The prosecutors intentionally turned a deaf ear to two witnesses testimony-documents given in presence of judicial police officials in police station to prove the chef did sniff at customers repeatedly to humiliate customers.   The foreigner witness placed her fingerprint on the document.
(2)
Oxford and Collins dictionary : "sniff" express "contempt" , Law dictionary states "contempt" is "tends to publicly depreciate"。
(3) "You smell !" was judged as an offense, in contrast, sniffing at your nose is not an offense.  Something wrong there !
   

 

 

『Sniff』in Oxford, Cambridge, Collins

 

 

 

 

 

 

 

 

     

 

 

   

 

  pic. left :  In earlier years, Taipei Court House (台北地方法院) and Prosecutor Office both judged the phrase "You smell !" is an public insult offense and is guilty.

 

In contrast, this time the High Court Prosecutor Office concluded that sniffing repeatedly at someone in presence of  huge number of customers in 5 star hotel restaurant is not guilty of public insult.

 

Taiwan's justice can only deal with some vulgar swear words  escaped from peasants' lips ?

 

but has nothing to do with those well-design humiliation words with evil motive and strong determination to intentionally hurt people ?

 

 

 

 

4.  principal points of the arguments

    High Prosecutor Office,  Chief prosecutor

 The site

 (1) The chef may made unintentional mistakes (無心之過 )


(2) The chef and the victim were not acquaintance

 

(3) The probative value of evidence shall be
determined at the discretion and based on
the firm confidence of the court, provided
that it cannot be contrary to the rules of
experience and logic.

(1)  Professor Lin (成大法學教授林東茂): " The humiliation stands firm when 4 letter words following an egg to the victim, Taiwan's criminal law should react stronger to this sort of case" .   In the case, the suspect humiliated the victim by sniffing repeatedly following bad words.   It should not be an act on impulse or kind of a spur-of-the-moment thing as Prosecutor Office said. 

(2)  Lots of crimes are made by strangers,  the case most likely is a political oppression case, but no one dares to admit this.
(3) The rules of experience and logic has been excuses for years,

  jumping to conclusion without basis for judgment is abusing inner conviction ( beweiswurdigung , doctrine of discretional evaluation of evidence) .

   

 

 

media

rules for American restaurants

New York Times,
 10-29-2009

rules for restaurants

 

... gracefully, the less noise the better

... Do not compliment a guest's attire or hairdo or makeup, you're insulting someone else

... Don't gossip  ... within earshot of guests

... Don't have a personal conversation with another server within earshot of customers

Forbes, 9-3-2012

rules for restaurants

 

 

... serve customers not annoy them

 

 

 

New York Times,
 10-29-2009

rules for restaurants

 

... Never bring a check until someone asks for it, then give it to the person who asked for it

Forbes, 9-3-2012

rules for restaurants

 

 

... serve customers not annoy them

... it's a matter of being attentive and looking for signals

... when you bring the check, either wait a moment from a little distance... or come back right away

 

 

 

 

 

 

" neither a political message nor an order from state machine"


 

 

 

 

After the foodie lodged a public insult criminal complaint against top-brand 5 star hotel restaurant chef, below are

 The non-prosecutorial disposition by Taipei Prosecutor Office,
Taiwan High Court Prosecutor Office  decision-pronounced disposition document (5-21-2019)
 (brief)

 

 

 

 

 


Taipei Prosecutor Office and Taiwan High Court Prosecutor Office ( chief prosecutor Wang Tiansheng 王添盛)
spent unusual long (nearly one month, usually 7-10 days) to conclude the case

 

 

 

 

 Comments on Taiwan judiciary

 

see Taiwan's Judiciary by int'l & local fair comments

 

Int'l & local Institutions

critiques on Taiwan judicial systems

USA Country Reports on Human Rights practices,  3-13-2019 justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.
The United Daily,  2-26-2019:  National Chung Cheng university's survey : Judicial reform failed to satisfy more than 80% Taiwanese , the public trust on Taiwan judiciary is down to about 20%.
Liberty Times ( head page 12-8-2018) Taiwan P.M. (賴清德):  Taiwan has not made significant progress on judicial reform, which is roiling with public discontent.
USA Country Reports on Human Rights practices,   4-20-2018:  the justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.
The United Daily,  10-23-2018:   The independence of prosecutors has still been questioned ...   
Apple Daily, opinion, 3-14-2018 : Survey <2017台灣社會信任調查> shows that Taiwan judicial official's / law enforcement officer's public trust is the second last.   
FTV, 7-26-2018 (Formosa TV, 政經看民視): Public trust in judges is less than 16%, according to a survey in last year.      
United Daily News, 2-13-2018  Taiwan's Minister of Judiciary and secretary of Justice Ministry issued progress report of judicial reform Public trust in judges is always low, the protection mechanism of lawsuit right is still not good enough (
   
Taiwan president Tsai Ing-wen (Apple Daily, Liberty Times etc ,11-30-2016; China Post, Dec. 5, 2016,  United Daily 2-27-2018) Taiwan president Tsai Ing-wen pronounced a death penalty on Taiwan's justice, stated by Judges Association for President Tsai declared at Judicial Reform meeting (11-25-2016) that  no such injustice "The rich get off scot-free, the poor get the death sentence" (有錢判生,無錢判死) should be repeated, and blasted (5-20-2016) Taiwan justice earning no Taiwanese people trust.
Taipei mayor Ko (United Daily 2-27-2018) Taiwan's jail and prison are good only for those have no connections at all. ("監獄是關沒有辦法的人")
National Chung Cheng university's survey  (head-page of the Liberty Times, 2-23-2016)  Nearly 80% Taiwanese don't believe the impartiality of Taiwan's prosecutors, and public trust on Taiwan judiciary system keeps falling down in the past 8 years.
USA Country Reports on Human Rights practices, 3-3-2017 (US state dept.) The justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.
 USA Country Reports on Human Rights practices, 6-26-2015, 2-27-2014 (US state dept.) Taiwan's judicial system suffered from some corruption.  Although authorities made efforts to eliminate corruption and diminish political influence in the judiciary, some residual problems remained...  the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases had been questioned.
The United Daily,  06-18-2016,   Head page news Taiwan's prosecutors usually follow their boss's  (commanding officer) order to access and rule legal cases ... " He is bigger than I am, what can I say??" (檢察)
The deputy dean of Law School, National Cheng-Chi University,The United Daily, 5-2015)  the standard of judgments on the same matters varies from person to person all the time is the reason why Taiwanese people do not believe Taiwan's judiciary.  
 The United Daily,  08-24-2016 ,  Editorial Taiwan's Judiciary and Legislative institutions never have a sense of shame on releasing major crimes of international fraud , and never have intention to stop this criminal actions by punishments...
USA Country Reports on Human Rights practices, April  13, 2016 (US state dept.) the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases have been publicly questioning
The United Daily,  7-6-2016   Law professor Huang National Chung-Hsin University, Law School (中興大學)
The Liberty Times, 2-28-2017 http://wenichin.blogspot.tw/ The most serious and terriblest judicial problem is its deep structure  judicial organs became state party's slave servant, it's incurable ... If we can't expel all judges and prosecutors, jury system is a better solution at the moment.

 

 

 

 

 

 

pic. : The sites-group was ranked No.1 by "Taiwan judicial persecutions"
on Google, 6-8-2019

 

 

 

 

pic. : The sites-group was ranked No.1 by "Taiwan judicial persecutions"
on US Bing, 3-13-2019

 


 

pic. : The sites-group was ranked No.1 by "Taiwan judicial persecutions"
on Euro. MetaGER.de, 3-31-2019, 3-13-2019

 

 

 

 

pic. : Top 2 "Taiwan judicial persecutions" on Euro. MetaGER.de, 3-13-2019

 

 

 

 

 

pic. The websites group's "Taiwan judicial persecutions"
was ranked No.1 on  Yandex of Russia, 4-1-2019 

 

 

 

 

 

 

 

 

 

 

 

                   

 

 

 

 

 

 ★   In Taiwanese mind,  the judiciary is as out-of-date as the ancient animals  ★     

 

in the US, the victim can gun shoot an unwanted intruder

, but in Taiwan, you will be charged by criminal laws if pushing the intruder out  by naked hands

 ... see the case in English, the case in Chinese

 

 

 

 

 

 

 

 

 

                   

 

 

 

 

 

★   pic: Taiwanese judge thinks dizzy, sleepy,  disabled elderly (aged about 90) definitely can stand independently during sleeping time,
the care-giver's running away which resulted in the elderly's falling down is not against the laws.
   ps: hospital: medicines may cause dizzy...   click to see the case the case in Chinese

   

 

 

 

 

 

 

 

 

 

 

      

 

Liberty Times (自由時報)

 3-16-2019

headline news:

 

 Taiwan's Prime Minister:

 

out-of-date

judges
should be

eliminated

 

 

 

 

 

 

   

 

 

 

        Taiwan Justice  -  prosecutors      this site's world No. 1 in  2017~19,   2016 2015 2014,  2013 2010~12       Top since 1998             

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