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Authority of the Office

  • Publication Date:
  • Last updated:2021-04-07
  • View count:1777
  1. Criminal Investigation:
    Criminal investigation is an act of preparation conducted by a prosecutors office to investigate any suspect and collect and analyze criminal evidence to determine whether or not a suspect should be indicted to the court for his or her suspicion of crime. In accordance with Paragraph 1, Article 228 of the Code of Criminal Procedure (CCP), the prosecutor should have the investigation initiated without hesitation once he or she is aware of the suspicion of a crime via channels of the complaint, self turning -in by perpetrators or other ways (e.g. transferred from the judiciary, investigation delegated by higher authorities, and self-initiated impeachment). In case the suspect's involvement of an alleged crime is established with probable cause, the prosecutor shall submit the indictment to the court. Otherwise, the prosecutor should refrain from indictment. As for the case over which this Prosecutors Office has no jurisdiction, the case shall be transferred to another Prosecutors Office with competent jurisdiction.
  2. The Enforcement of Public Trial Represented by Prosecution :
    Representation by prosecution at public trails is one of the legal authorities for prosecutors. Having prosecutors appear in court and perform the role as a representative of the government at trial is the foundation for the establishment of the judiciary's impartiality, and the fulfillment of the highly expectancy enjoyed by our society as a whole as well. Prosecutors will perform his or her role as the government's representatives at trial with a positive and initiative manner, and positively participate the investigation of evidence, by way of examining witnesses, expert witnesses, and defendants, to challenge the defendant's baseless claim and reveal the untruthfulness of the witnesses or other related people's statement, and furthermore, with the closing written statement delivered by the prosecutors, to help the court accomplish its fact-finding mission and establish the impartial justice.
  3. Criminal Execution:
    Execution section of this Prosecutors Office takes charge of the execution of the final and irrevocable judgment or verdicts rendered by the court. In accordance with Article 456 of the CCP, after judgment had been handed down, the orders should be given immediately so that the sentence can come into effect and the nation's penalty power can be realized. In order to achieve the objective of accurate and considerate punishment, for cases with the sentence of a short-term incarceration exchangeable for a fine, the application for the sentence exchange should be examined with leniency and granted with generality.
  4. Service of Protection Officer:
    1. Execution for Protective and Restrained Cases: Protection officers are in charge of protection and restraint cases. Through the regular visit and interview of the protected and restrained persons, professional counseling skill is applied to help the protected and restrained persons relive by the motivation of remorse, and prevent them from jeopardizing the community again. Furthermore, the protection officers also provide them some appropriate guidance toward employment, study, medical treatment and support.
    2. Execution of Obligatory Labor and Imperative Command Imposed by Suspended Indictment: For first offenders of misdemeanor with remorse afterwards, the imprisonment may be suspended under the condition of participation of appointed educational curriculum, community service, restitution of victim’s loss, etc. under the supervision of prosecutors. This policy can provide the law breakers an opportunity to be educated and corrected so that our society will get a more efficient feedback from them.
    3. About Work Guideline and Review for Obligatory Labor Enforcement Institutions for Protection Volunteers: A function of protection volunteers is built and people with sense of responsibility as protective volunteers are recruited for the purpose of rounding up society strength, effectively making use of social resource to help protection officer promote protection service, and bringing the volunteer’s work into full play. There are thirty-two obligatory labor enforcement institutions for suspended indictment cases hired by this Prosecutors’ Office to help this office enforce the defendant’s obligatory labor service. Protection offices are responsible for case transfer, supervision and assessment.
  5. Important criminal policy implementation:
    1. Anti-organized Crime Drive
      The rampancy of organized crime and inundation of money and power game have a serious and damaging impact on social security and democratic development. The office enforces a crackdown on organized crimes thoroughly following the instruction of Ministry of Justice:
      1. Crackdown on organized crimes and violent crimes
        Immediate investigation of violent crimes and the crackdown on organized crimes are a primary work for the maintenance of social order. Chief prosecutors and prosecutors are assigned to assemble a task force to unite police force, investigation officers, and military police so that the crackdown on organized crimes can be started to ensure social peace.
      2. Embezzlement examination
        In order to clean up the government, anti-corruption task force, which convenes prosecutors, investigation officers, and government anti-corruption units, is established in accordance with anti-corruption drive to fight corruption and pursue investigation and indictment with strictness.
      3. Vote-buying investigation
        To purify and correct election, before the start of every public service election campaign, this Prosecutors’ Office, according to the respective law and rules, always establishes anti-vote-buying task force and the center of investigation without exception. The investigation and police forces are commanded by the prosecutors to investigate suspicious activity and to search and collect evidence, followed by positive investigation and indictment by the prosecutors.
    2. Drug trafficking fighting
      In order to protect national health and purify and reestablish our society, drug fighting task force is established to carry out the “drug trafficking fighting” policy. Prosecutors, investigation, police, military and Coast Guard forces have been united to eradicate drug crimes and put the drug abuse to an end.
    3. Cyber crime investigation
      With increasing numbers of internet users and network providers, here comes the newly risen problem of cyber crime. In order to solve the newborn crime, prosecutors, investigation and police forces, telecommunication and information technology companies have joined hands to detect cyber crime so that the order of the Internet and social security can be maintained.
    4. Child and juvenile prostitution prevention
      “Child and Juvenile Sex Offense Prevention Executive Unit” is founded in accordance with “Child and Juvenile Prostitution Prevention and Control Act”, and “The Enforcement Rules of Prosecutors and Police Task Force Under Child and Juvenile Prostitution Prevention and Control Act”. Under the principle of positive investigation and strict indictment, the Unit’s responsibilities are to protect child and juvenile, and to prevent them from being the commodities of sex trade.
    5. Economic crimes prevention and control
      In order to maintain and stabilize economic order, the task force is established and the prosecutors are assigned to take charge of the investigation for intellectual property rights violation, illegal profit making, and illegal trade on stock market, for the purpose of economic crimes prevention and control.
    6. Clamping down on illegal gravel extraction and environment pollution
      Due to Miaoli County’s mountainous environment and less population, in order to effectively crack down on illegal gravel extraction and its damaging impact on geographic landscape, this Prosecutors’ Office coordinates with Miaoli County Government, as well as investigation and police forces to investigate the possible illegal extraction activities; once bringing the indictment to the court, the office requests the judge impose a severer sentence.
    7. Rule-of-law promotion
      The office assigns prosecutors to give lectures in various institutions and schools to strengthen a concept of the law. Furthermore, the office cooperates with radio stations to produce rule-of-law promotion program to popularize the concept.
    8. Counseling supervision
      Prosecutors are assigned to supervise conciliation committees and to explain the laws and decrees so that the function of counseling can be fulfilled, a higher rate of settlement can be reached, the unnecessary litigation can be prevented, and social harmony can finally be promoted.
    9. Victim’s right and interest maintenance
      Victim compensation committee is established within this Prosecutors’ Office and is responsible for the victim’s compensation request. Also, in order to protect the victim, two-way communication TV is set while the victim is confronting with the suspect so that they need not to face each other. Furthermore, single-front glass is set in the investigation room to prevent the victim who is a child or woman from feeling like being harmed twice. Moreover, special investigation room with warm decoration and cozy environment is available to provide peace in mind to the victim under questioning.

When prosecutors detect and investigate criminal cases, they pursue not only fact-finding and justice, but also solution to people’s problem and settlement over disputes. All staffs in this Prosecutors’ Office shall endeavor with all their hearts after these two visions. For the promotion of administrative work, we look highly upon people’s need and feeling, and provide service with positive, ardent, gentle and polite attitude. We also participate in social welfare, promote concept of law, and strive for foundation of rule of law for our beloved Miaoli.

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