Forum | Investigative Issues Facing Frontline Investigators: Police Performance Metrics, Amendment of Article 92 of the Code of Criminal Procedure, and Pseudo-Criminal Property Cases

Taiwan's police performance system has long been criticized as unreasonable. It not only forces frontline officers to chase performance targets, but has in some cases created incentives for officers to take risks and engage in unlawful investigative conduct in order to meet those targets.

In recent years, frontline investigators-prosecutors and police-have faced enormous criminal caseloads. The design of performance metrics appears to influence which cases receive priority for referral, especially drunk-driving, drug-use, and theft cases. Article 92, Paragraph 2 of the Code of Criminal Procedure allows certain suspects, with prosecutorial approval, not to be transferred immediately after arrest. But repeated amendments to the statutory penalties for many Criminal Code offenses have made the provision difficult to use in practice.

Theft illustrates the scale of the problem. In 2018, Taiwan recorded 284,538 criminal cases, including 47,591 theft cases-about 17 percent of the total. In 2019, there were 268,349 criminal cases, including 42,272 theft cases-about 16 percent. Because theft is not among the offenses for which police may obtain permission not to transfer an arrested suspect under the Code of Criminal Procedure, even minor theft cases must generally be referred to prosecutors offices. The volume places a substantial burden on frontline police and prosecutors.

This forum therefore focuses on two problems confronting frontline investigators: reform of police performance metrics, and amendment of Article 92 of the Code of Criminal Procedure together with procedures for handling pseudo-criminal property cases. The speakers will consider possible reforms.

Event concluded - watch the forum video

Time

October 16, 2021 (Sat.), 13:00-17:00

Venue

Taiwan International Convention Center, 15F., No. 125, Sec. 2, Nanjing E. Rd., Zhongshan Dist., Taipei City (Wei-Cheng Building), near Exit 6 of Songjiang Nanjing MRT Station

Participation

Participants may join online or in person. Online participants will receive a livestream link. In-person attendance is limited to 30 people; people placed on the waitlist will receive the livestream link.

Agenda

Time	Presenter / Discussant
13:00-13:10	Moderator Attorney Cheng Wen-Lung
Session I: Professionalizing Police Performance Management Overview of the Draft Framework for a Police Performance Management Committee
13:10-13:40	Speaker Hsiao Jen-Hao / Board Member, Taiwan Police Union
13:40-13:55	Discussant Chan Chih-Wen / Chief, Investigation Section, Criminal Investigation Bureau
13:55-14:10	Discussant Huang Hsu-Tien / Managing Partner, Yuan-Chen Attorneys-at-Law
14:10-14:25	Discussant Lan I-Feng / Chairperson, Taipei Counseling Psychologists Association; Assistant Professor, Graduate Institute of Educational Psychology and Counseling, Tamkang University
14:25-14:40	Discussant Chiu Hsien-Chih / Legislator
14:40-14:55	Break / Open Discussion
14:55-15:00	Moderator Hsiao Jen-Hao / Board Member
Session II: Must Every Person Arrested in Flagrante Delicto Be Transferred to Prosecutors? Overview of the Proposed Amendment to Article 92 of the Code of Criminal Procedure and Proposed Improvements to Police Procedures for Pseudo-Criminal Cases
15:00-15:40	Speaker Hsu Chien-Hsiang / Member, JRF Prosecutor-Police Reform Project
15:40-15:55	Discussant Tsai I-Yu / Legislator
15:55-16:10	Discussant Hsiao Yung-Chang / Prosecutor, Taipei District Prosecutors Office
16:10-16:25	Discussant Lin Yu-Shun / Professor, Graduate Institute of Criminal Investigation, Central Police University
16:25-17:00	General Discussion / Adjournment

Important Information

• The format may be adjusted in response to COVID-19 conditions and Central Epidemic Command Center policy. As a general rule, the event will be held in person if the alert level is Level 2 or below.
• Subject to venue conditions, in-person registration is expected to be limited to 30 participants, with socially distanced seating.
• Because of venue and public-health considerations, only drinking water will be available during the event. Boxed meals will be distributed after the forum.
• The event will also be livestreamed.

Event Contact

Chen Yang / Researcher, Judicial Reform Foundation - (02) 2523-1178 ext. 21; 0906-796-327

Organizers

Judicial Reform Foundation

Taiwan Jury Association