|
Wang, Po-Chi associate professor was interviewed by United Daily News on June 13th
|
2020/6/13
|
| |
Wang, Po-Chi associate professor was interviewed by United Daily News on June 13th: Li Zongrui and Chen Fuxiang had been planted! Detective artifact M car explosion human rights dispute
2020-06-13 07:00 United Daily News / Reporters Zeng Jianyou, Lin Mengjie, Zhang Hongye
The Taipei police dispatched the "M-car" to lock the fraud group five years ago, and the search room was used to crack the computer room in Longtan, Taoyuan. The prosecutor sued Chen and the other four people for threats to get money; however, the Taoyuan Institute believes that the M-car The use of signals to detect location information interferes with the fundamental right of personal freedom, and there is no basis for its use. It excludes the evidence of the location of the fraudulent group obtained directly by the M car and convicts four people.
The police used the M-vehicle for investigation and search for a few years. For the first time, the court was determined to have no evidence by interfering with human rights, so that the use of legality issues once again surfaced; the trial, prosecution and the police each have their own views. Scholars believe that technology investigation and prevention should be There are institutional and general rules that make the police use M vehicles more legal basis and reduce human rights disputes.
Technology is changing with each passing day, and it is also more difficult for criminals to hunt down. The police own an "Mized car" also known as an "Mized positioning car", and the full name is "Mized investigation network mobile phone positioning system"; as more and more criminals Using smartphones as evasion detection tools, communication software such as LINE cannot be monitored, and it is difficult to access conversation records. In order to solve the problem of scientific and technological crimes, in addition to relying on the traditional model for evidence search, the Bureau of Investigation has also spent money on purchasing M-cars to accurately grasp the mobile footprint of the offender and the number of mobile phones held. It is often used in cases such as national security and corruption.
For example, the former secretary-general of the Legislative Yuan Lin Xishan's bribery case and the white gloves of the high court judge's collective corruption case, and the judge's appointment to collect cash in the underground parking lot, all rely on modern technology such as M detection and defense vehicles to complete the evidence search.
The appearance of the M car is not different from that of a regular SUV, but the cost is expensive. Each car is worth tens of millions of yuan. It is equipped with a radio positioning system. Through satellite positioning combined with the mobile phone base station, the location of the mobile phone can be found out, and the error is very large. It is small, and can be accurately known that the location of the speech is in a building or a room. It is a weapon for police technology to handle cases. It is often used in major criminal cases or emergency rescues.
In 2015, two dead bodies were shot in the three-dimensional parking lot in Emei, Taipei. The members of the drug trafficking group Cai Zongyu and Cai Kaiyang were stacked together in a Chen corpse car. The main suspect and the Tiandaomeng member Chen Fuxiang fled after committing the crime. He was in 11 days later Caught in his sleep.
During the escape, Chen Fuxiang used multiple cell phones alternately. He usually contacted his associates through mobile phone communication software. After reading the message, he shut down and the whereabouts were difficult to grasp. The police dispatched the M car. At 3:30 in the morning, the police found that Chen Fuxiang used his mobile phone to read the application. After summoning a newsletter, he immediately determined that he was hiding in a suite on the 14th floor of the building and successfully arrested someone.
Repeated efforts to solve the case Li Zongrui, Chen Qixiang, Jiang Lianfu all rely on it to arrest people
Fu Shao Li Zongrui took her sister at the nightclub from October 2009 to July 2011, and took medicines in drinks for many times. After the woman got drunk and carried home to sexual assault, secretly filming the sex process, he was hidden after the crime, and the police was also dispatched to trace the whereabouts. M car.
It is reported that the key person involved in the bribery of Lin Yishi, Chen Qixiang, was also sent by the police to lock him in a high-end hotel. In addition, Jiang Lianfu, a former legislator, was sentenced to death in the case but did not enter prison. Let the police arrest him.
In addition to major criminal cases, the M car is also used for emergency search
In 2018, a man named Sur who operated a goldfish koi farm in Shilin District, Taipei City, slashed and killed his younger brother with more than 20 knives and escaped to the mountain area. The police worried that he might find a shortcoming. In addition to Yeye Soushan, he also sent an M car to search for mobile phones.
After the police program was issued, he discovered He’s mobile phone the next morning but did not find Ho’s trace. It was not until the morning that he was found lying down at Cailiao, 2 kilometers away from the scene of the incident. There was a pesticide tank on the side, and the mobile phone was 200 meters away from the Chen’s corpse. He judged He was determined and refused to contact his family.
M car search evidence, the judge has doubts about "interference with basic rights"
However, when the prosecutor investigated a case of fraud, the victim and the suspected Tonglian mastered the base station, and then dispatched the M-car to approach the measuring point to lock the mobile phone door number. Finally, it was accurately measured that the starting position was a computer room in Longtan, and then the fraud was cracked. Case of members of the regiment.
The judge of the Taoyuan Court pointed out in the judgment that the collection of criminal evidence is important, but more importantly, if the elements and procedures launched are unsuitable for purpose or illegally obtained by unfair means, the protection of the basic rights of the people will disappear. The use of M-cars in the fraud case has interfered with the basic rights, and it must be authorized by law to do so, otherwise it will open up all scientific and technological investigation methods that are not expressly written in the law, so that technological progress will replace "legal reservations".
Science and technology detection and prevention become hidden dangers of human rights violations Lawyers: formulate general rules
Lawyer Lin Junhong pointed out that academically there is "mosaic theory", which means trivial and insignificant small blocks or information at first glance, but when put together, you can learn your personal habits, whereabouts and information you do not want to disclose, whether it is in Theoretically or practically, the M-Vehicle did find out the location of the other party by collecting and locating mobile phone signals, which obviously violated human rights.
He said that nowadays, technology and law enforcement methods are emphasized, but "technology is faster than the law." The investigative agencies can't wait for the enactment of the law to rush to use emerging technology to handle cases. Although the probability of cracking cases can be increased, there may be problems with lawfulness. If the court fails to find out, the defendant’s rights and interests will be affected.
It must be regulated in the Communications Supervision and Protection Law, or the Criminal Procedure Law, and opinions from different circles are different, and finally it is not clear.
He believes that if the law enforcement involves people’s privacy and other basic rights, it should be regarded as a compulsory punishment that violates the rights of the people. The criminal procedure law sets general rules, returns to the judge’s retention principle, and allows the court to decide whether it can initiate technology enforcement and prosecute police. In case of emergency, the M car cannot be dispatched in time. This part can be punished according to the compulsory punishment. In case of emergency, it can be recognized afterwards.
Lawyer Hao Zhongxing: Compare the records of the liaison and return to the principle of judge retention
Lawyer Hao Zhongxing pointed out that although the M-car will not be abused indefinitely, it will only be used in major criminal cases or emergency crises, but the judge pointed out the doubt of "infringement of human rights", which deserves attention and discussion from all walks of life.
He said that from the perspective of the principle of proportionality, access to the Tonglian records violates human rights less, and the accurate positioning of M-cars violates greater human rights, but access to the Tonglian records requires court permission, which can be approved by the prosecutor in an emergency. The car can be dispatched directly without any permission. Perhaps it should be a thinking direction in the future whether it should be adjusted according to the way of communication.
Agree with science and technology to handle cases
Wang, Po-Chi associate professor in the Department of Criminal Justice at Ming Chuan University, pointed out that he agrees with science and technology in handling cases and investigating science and technology, but he has to consider whether the case meets the principle of proportionality; Germany also sets regulations for technology investigation, such as drone handling.
He believes that Taiwan should also set up institutional norms for scientific and technological investigations and prevention, including cases with the most severe punishment of more than a few years before they can dispatch M-car monitoring and evidence search. How long do they need to be kept to be destroyed and can only be used in this case after the evidence search , Can not be expanded to use.
The police has a clear basis for law enforcement. The use of M-cars is more reasonable, but it can reduce human rights disputes.
|
| |
 Download
|
| |
| Back |
|
Download
