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略過巡覽連結Home > Talks of the Day >
Talk of the day --High Court cuts sentence for ex-presidential aide
2010/07/28 12:06:41
The Taiwan High Court on Tuesday cut a prison sentence for former Presidential Office Deputy Secretary-General Chen Che-nan to seven months from the nine years he was given at his previous trial for taking bribes from a businessman while working in the Presidential Office in 2002.

Chen, a key aide to former President Chen Shui-bian, was originally found guilty by the Taipei District Court in December 2006 of accepting NT$6 million (US$186,920) from businessman Liang Po-hsun in 2002 in exchange for promising to use his influence to settle two court cases involving Liang.

He was sentenced to 12 years in jail and deprived of his civil rights for 10 years.

In June 2008, the Taiwan High Court reduced the sentence to nine years in jail and suspended his civil rights for six years.

However, after prosecutors and attorneys for Chen filed appeals with the Supreme Court, which ordered a new trial, the Taiwan High Court ruled Tuesday that because Chen's post at the Presidential Office did not involve supervising or conducting judicial investigations, the money Chen took was unrelated to his job, and he was therefore guilty of fraud rather than corruption.

The following are excerpts from local media coverage of the issue:

United Daily News:

Because Chen has been detained for seven months, he will no longer need to spend time in jail if the ruling holds up because the time he spent in detention can be offset against his sentence.

In Tuesday's ruling, the panel of judges argued that Chen convinced Liang he could use his influence to help settle the two court cases because he had served in the Legislative Yuan and in other public offices before serving as the deputy presidential secretary-general, but not because of his post at the Presidential Office.

The Taiwan High Court also acquitted Chen of an insider trading charge.

The court indicated that it had commuted the sentence in consideration of Chen's age and because he had already returned the NT$6 million to Liang.

Prosecutors said they will study whether to appeal the court's decision, but they are generally expected to do so. (July 28, 2010). China Times:

In the reversal Tuesday, the Taiwan High Court ruled that Chen did not use his position to take bribes because judicial units are not affiliated with the Presidential Office and that he should not have had influence on the outcome of court cases.

The court also said there was no evidence that Chen had lobbied or contacted judges who were in charge of Liang's cases.

The ruling is expected to spark controversy as few will be convinced that Chen would not have had any opportunity to influence judicial officials in his capacity as deputy secretary-general of the Presidential Office, given the political influence and power he held at the time. (July 28, 2010). (By Y.L. Kao) enditem/ls
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