"Presumption of Innocence" and " Non-Disclosure of Investigations" Tugging Between "Truth" and "People's Rights" – Joint Statement on the Taiwan Railway Derailment Case
Last edited: 2026-08-30
The derailment of the Juguang Express train on the South-Link Line on March 17 tragically resulted in one death and two injuries. In the days that followed, the accident received extensive and in-depth media coverage and became a major transportation disaster that attracted widespread public attention. Beginning on the evening of March 22, media reports revealed that the husband of the deceased, who had initially been regarded as a bereaved family member, had subsequently been reclassified by prosecutors and police as a “suspect,” based on what they described as “reasonable doubt.” On the morning of March 23, the deceased woman’s husband was found hanging and dead near his home.
Although the case has yet to be solved, certain aspects of the media coverage appear to be inappropriate. In particular, details concerning the case known to prosecutors and police, information about the suspect, and the direction of the investigation have been reported by the media in exhaustive detail. Such reporting may constitute a violation of the principles of the “presumption of innocence” and the “non-disclosure of investigations” under the Code of Criminal Procedure, and may also raise concerns that the privacy and reputation of the parties involved have been disregarded.
In light of the foregoing, we hereby make the following solemn appeal to the prosecutors, police, and investigative authorities, as well as the media:
I. Prosecutors, Police, and Investigative Authorities
- We urge prosecutors, police, and investigative authorities to strictly comply with the principle of the “non-disclosure of investigations.” Where any violation causes serious harm, those responsible should, in addition to bearing civil, criminal, and administrative liability as provided by law, be held accountable by the heads of the relevant agencies, who should also assume joint or political responsibility.
- Whenever prosecutors, police, or investigative authorities intend to disclose investigative information concerning any case, they must do so in accordance with the provisions of the Guidelines for the Handling of News Concerning Criminal Investigations by Prosecutorial, Police, and Investigative Authorities, and must clearly state the “reasons” justifying such disclosure.
II. The Media
- We urge the media not to engage in excessive reporting on judicial cases that are still under investigation, and to respect the human rights and privacy of the parties involved.
- Even information voluntarily disclosed by prosecutors, police, or investigative authorities may violate the principle of the “non-disclosure of investigations.” Accordingly, even under such circumstances, the media should continue to uphold the principle of the “presumption of innocence” and exercise its responsibility to carefully vet and regulate the information it publishes. The media should neither disclose the privacy of the parties involved nor use news reporting as a pretext to intrude upon or harass them, so as to avoid causing unnecessary harm.
Media Contacts
Kao Yung-cheng, Attorney-at-Law
Executive Director, Judicial Reform Foundation
Kuang Chung-hsiang
Chairperson, Taiwan Media Watch Foundation
Appendix
Guidelines for the Handling of News Concerning Criminal Investigations by Prosecutorial, Police, and Investigative Authorities
Promulgated: June 28, 2002
I.
In order to ensure that news concerning criminal investigations is handled with due care and in accordance with the principle of confidentiality of criminal investigations under the Code of Criminal Procedure, to prevent inappropriate statements, and to safeguard the privacy and reputation of defendants, criminal suspects, and other relevant persons, while facilitating media interviews, these Guidelines are hereby prescribed.
II.
Prosecutorial, police, and investigative authorities shall designate a spokesperson and establish a press room. All news concerning cases under investigation shall be released by the spokesperson or the spokesperson’s designated deputy in the press room.
Except for personnel designated by the head of the agency as spokespersons, or those falling under the circumstances set forth in Paragraph 2 of Point V of these Guidelines, personnel of prosecutorial, police, and investigative authorities shall not disclose or release information concerning cases under investigation.
Each agency shall establish a press lounge or other appropriate location for media interviews. When conducting interviews, members of the media shall contact the spokesperson by telephone and arrange for the spokesperson to come to the press lounge or other appropriate location. Media interviews should generally be conducted once in the morning and once in the afternoon each day, with the exact times to be determined by the head of the agency at his or her discretion, taking actual circumstances into consideration.
III.
Before the conclusion of an investigation, personnel of prosecutorial, police, and investigative authorities shall maintain strict confidentiality with respect to the following matters and shall not disclose or release any related information to the media. Nor shall they permit defendants, criminal suspects, or juvenile offenders to be photographed by the media, interviewed directly, or filmed through surveillance-camera footage:
- Whether the defendant or criminal suspect has surrendered voluntarily or confessed, and the contents of any such confession.
- Investigative methods that have not yet been carried out or that are to be continued, including summonses, communications surveillance, an arrest with a warrant, detention, searches, seizures, inspections, crime-scene reenactments, expert examination, and restrictions on border.
- The direction, progress, and substance of the investigation, as well as the investigators’ impressions or conclusions formed from the evidence obtained.
- There are sufficient facts to justify the view that the accused or criminal suspect may abscond, or may destroy, forge, or alter evidence, or conspire with an accomplice or witness.
- Information concerning a victim who is still being held hostage and has not yet been brought to safety, where the victim’s safety remains at risk.
- Investigation records, audio recordings, video recordings, photographs, electronic records, or other important documents and items obtained or maintained during the investigation.
- Matters concerning the circumstances of the crime that implicate the privacy or reputation of the defendant or criminal suspect, or of his or her relatives or spouse.
- Information concerning the privacy or reputation of victims, as well as photographs, names, or other information capable of identifying victims in sexual assault cases.
- Photographs, names, places of residence, schools attended, and details of cases involving juvenile offenders.
- The names, identifying information, places of residence, telephone numbers, statements, and evidence submitted by informants and witnesses.
- Any other matters that could adversely affect the investigation.
IV.
Before the conclusion of an investigation, where any of the following circumstances exists and it is deemed necessary for the protection of the public interest or legitimate rights and interests, the spokesperson may release information to the media to an appropriate extent, provided that the principle of non-disclosure of investigations shall nevertheless be observed:
- Where a person in flagrante delicto or quasi-flagrante delicto has been arrested and the facts of the offense have been clearly established.
- Where a prisoner who has escaped from prison or a wanted accused has been apprehended and brought into custody.
- In cases having a significant impact on public security, where the defendant’s confession during the investigation has been verified to be consistent with the facts and there is no risk of collusion with accomplices or witnesses.
- Where, based on statements made by accomplices or relevant complainants, victims, or witnesses, together with physical evidence, there is sufficient basis to establish that the person involved is suspected of having committed an offense, and disclosure would no longer impede the investigation.
- Where the safety of the life, body, liberty, or property of the general public is affected and it is necessary to alert the public to take precautions.
- In cases having a significant impact on public security, where investigation and verification provide sufficient grounds to identify a person as a criminal suspect, and where it is necessary either to alert the public to take precautions or to seek the public’s assistance in identifying the suspect, the suspect’s voice, facial features, drawings, photographs, video images, or other similar identifying information may be released.
- In cases having a significant impact on public security, where the defendant or criminal suspect has absconded, gone into hiding, or cannot be located, and where, in order to apprehend the person as soon as possible, it is appropriate to request the public to provide investigative leads or evidence, or to offer a reward for information leading to the person’s apprehension.
The content of any news released pursuant to the preceding paragraph shall not contain excessively detailed or graphic descriptions of the criminal conduct.
V.
Before the conclusion of an investigation, where prosecutorial, police, or investigative authorities handling a case release news pursuant to these Guidelines, such release shall be approved by the head of the authority concerned or the head of its superior authority. However, where, due to an impromptu media interview, there is insufficient time to seek the approval of the head of the authority, the spokesperson may release news in accordance with these Guidelines.
Where an emergency situation occurs outside the authority in connection with a case being handled by the responsible personnel, news may, where necessary, be released in accordance with these Guidelines.
VI.
The heads of prosecutorial, police, and investigative authorities shall designate three to five relevant personnel of the authority to form a News Handling Review Group to review the news reports concerning criminal investigations and other matters handled by the authority that have been published by the media during the month.
The News Handling Review Group shall be convened by the head of the authority or a person designated by the head. A review meeting shall be held at least once a month and may be convened at any time in the event of a major incident. However, where there are no relevant news reports during the month, the meeting may be omitted. Where necessary, the Review Group may request the competent superior authority to assign a representative to attend its meeting.
Where the Review Group finds that personnel of the authority have disclosed information without authorization or released news without complying with these Guidelines, it shall report the matter to the head of the authority for appropriate action.
Prosecutorial, police, and investigative authorities shall designate specific personnel to collect and record news reports and other relevant materials concerning criminal investigations handled by the authority. Such materials shall be promptly submitted to the head of the authority for review and thereafter referred to the News Handling Review Group for review. Where the reports are found to be inconsistent with the facts, the authority shall promptly issue a clarification in order to clarify the facts and set the record straight.
VII.
The Taiwan High Prosecutors Office shall establish a “Supervisory Group for News Concerning Cases Under Investigation,” with the Chief Prosecutor of the Office serving as the convener and the Chief Prosecutors of other second-instance prosecutors’ offices invited to serve as members.
Where, through media reports, a member discovers that a subordinate prosecutors’ office or a police or investigative authority has released news concerning a case under investigation in violation of these Guidelines, the member shall immediately report the matter to the convener, who shall, by telephone or facsimile, request the head of the competent authority to make corrections. Where the circumstances are serious or repeated warnings are disregarded, the Group may recommend that disciplinary action be taken in accordance with the law, and the disposition shall be reported to the Ministry of Justice for record.
VIII.
Where personnel of prosecutorial, police, or investigative authorities violate these Guidelines by disclosing or releasing news without authorization, the competent authority shall, in accordance with the relevant regulations and depending on the severity of the violation, impose disciplinary punishment, including a reprimand, demerit, or serious demerit. Where such personnel are suspected of disclosing confidential information concerning an investigation, their criminal liability shall be pursued.
Where the head of an authority or relevant supervisory personnel fail to properly supervise their subordinates in complying with these Guidelines, they shall likewise be held responsible for inadequate supervision.
IX.
These Guidelines shall take effect upon approval by the Ministry of Justice. The same shall apply to any amendment thereto.
This article is an AI-generated translation of the original Chinese text. In the event of any discrepancy, the Chinese version shall prevail.