Seminar | Seminar on the Legality of Searching Law Firms

In criminal investigation and trial, defendants should enjoy the right to assistance of counsel based on the right to trial and the requirement of equality of arms, and be able to communicate with lawyers without interference in order to exercise their right of defense.

However, Article 122, Paragraph 2 of the Code of Criminal Procedure stipulates: "Searches of the person, objects, electromagnetic records, and dwellings or other premises of a third party may be conducted only when there are reasonable grounds to believe that the defendant, criminal suspect, items to be seized, or electromagnetic records exist therein." This allows judicial personnel, out of the necessity of investigating crimes, to search law firms and seize correspondence, litigation materials, and even notes made by counsel between counsel and their clients, severely infringing upon the defendants' rights in litigation.

To this end, this seminar brings together experts and scholars from the United States, Japan, and Germany, alongside domestic attorneys with extensive practice experience. Adopting a comparative legal perspective, it uncovers problems in domestic practical operations and jointly discusses how to reasonably prevent the state from using coercive power to obtain case details communicated by defendants to their counsel. This ensures that defendants can communicate honestly and completely with their counsel, safeguarding the protection of defendants' right to trial.

Online Registration

Time

March 9, 2019 (Sat) 13:30~17:15

Location

Multimedia Classroom 1301, National Taiwan University College of Law (NTU Tsai Lecture Hall / Lintze Hall)
(No. 1, Sec. 4, Roosevelt Rd., Daan Dist., Taipei City 106)

Organizer

Taipei Bar Association
Taiwan Criminal Defense Lawyers Association

Co-organizer

Judicial Reform Foundation