Ming Chuan University Department of Criminal Justice

Teacher Wang, Po-Chi accepted an interview with udn："Riding Ubike Chasing High Speed Rail"	2023/3/26

2023-03-26 02:41:22 Lianhe Daily/Reporter LIN,MENG-CHIEH , CHIANG,YUNG-YU /Report from Taipei M-car has been accused by the Supreme Court of violating privacy and information autonomy, and lacks legal authorization. However, legal disputes have existed for many years, and the competent authorities have not yet acted as a "solution". Scholars and lawyers believe that there is an urgent need to amend laws and legislate to provide legal basis for scientific and technological investigations such as motorized vehicles, in order to comply with the principle of governing the country by law, so that the judicial police can confidently enforce the law and no longer "do menial work". Wang, Po-Chi an associate professor of the Department of Criminal Justice of Ming Chuan University, pointed out that M-cars have concerns about violating privacy rights, but to detect technological crimes, it is necessary to use scientific and technological investigation methods. Last year, Taiwan's Higher Procuratorate also hoped to build M-cars, which shows that M-cars are indeed one of the necessary methods for scientific and technological investigation. He believes that the law can never catch up with technology, but the government's legislative steps are like "riding a Ubike to catch up with high-speed rail." It has been three years since the first instance judgment called for legislation, and the M-car still has no legal authorization. It can be seen that the competent authorities are standing still and legislating in a bully way. The police have a good weapon in their hand, and there is no use for it. Lawyer HUANG,CHIH-CHUNG pointed out that M-type vehicles, like GPS positioning, can interfere with people's fundamental rights. In practice, there is a need to investigate crimes, but there is no legal basis for enforcement. The Supreme Court has made clear its position regarding GPS and M-type vehicle search evidence, which clearly indicates that legislation is an urgent matter. He said that the negative and non legislative behavior of the competent authorities is tantamount to ignoring the legal risks of investigation units and law enforcement personnel, and is also unfair to law enforcement personnel. HUANG,CHIH-CHUNG stated that the conviction of the Chief Sergeant of the Maritime Patrol Department for using GPS to detect and suppress illicit cigarettes is an important case that has prompted the promotion of the science and technology investigation law. During the discussion, most members and scholars agreed that the investigation method of collecting location information and interfering with privacy rights must be dealt with through legislation. Unfortunately, the content of the draft law has caused a backlash and is still temporarily placed in the Legal Department. HUANG,CHIH-CHUNG believes that the judicial authorities have detected a lack of legal resources for the M-type vehicle, and the Ministry of Justice cannot immediately establish a specific legal response. It should also first amend other existing laws, add provisions or chapters and regulations, and "even if it cannot be deployed in advance, loopholes should be filled as soon as possible.". He pointed out that there is no method of detecting crimes that does not interfere with human rights, but only with a difference in severity. He suggested distinguishing between the level of intervention in scientific and technological investigation methods, granting hierarchical legal authorization, and allowing law enforcement personnel to "use their weapons with integrity.". Wang, Po-Chi also said that nowadays, the purpose of the Supreme Court's judgment is clear, and it is urgent to formulate clear legal norms. He strongly urged all parties to actively discuss, reach consensus, and pass the scientific investigation law as soon as possible if there is any incompleteness in it. If it takes too long and time-consuming to pass the scientific investigation law, it is also necessary to provide a basis for law enforcement in the existing laws, "seek for the best before seeking the best." Revising the law is more efficient than establishing a new law, and do not allow law enforcement personnel to "work in vain.". He pointed out that the legislative and administrative organs should be the backing of investigators and should not allow the police to do more and make more mistakes. Instead, they should enforce the law for the public welfare purpose of maintaining people's safety, but instead break the law and get entangled in lawsuits.

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