Wrongful Conviction of Former Hsinchuang Precinct Criminal Investigation Division Head for Corruption | The Lo Ming-ts'un Case Seed Lecturer Workshop

Who Is Ming-Cun Lo

Ming-Cun Lo, former Head of the Criminal Investigation Division of the Taipei County Police Department Hsinchuang Precinct, was accidentally embroiled in a bribery scandal due to a shooting incident at the Hsin-shu-lin Restaurant in Linkou on November 6, 1997. The court found that he had accepted bribes from organized crime to let a juvenile take the blame for the true perpetrator of the shooting.

Due to a clear alibi, the high court's remand retrial found Ming-Cun Lo not guilty. Furthermore, the prosecutor filed an appeal beyond the statutory 10-day period, meaning the not-guilty verdict should have become final by law. However, the Supreme Court failed to notice that the appeal was overdue and mistakenly remanded the case for another retrial, ultimately leading to Ming-Cun Lo being convicted of accepting bribes in breach of official duties to 13 years of imprisonment. Unable to accept being wrongfully imprisoned, Ming-Cun Lo chose civil disobedience after the case became final, until May 2020 when he returned to Taiwan to surrender and serve his sentence due to the pandemic and health reasons.

Rescue Progress

• 52nd Extraordinary Appeal Application Dismissed
  The defense team submitted the 52nd extraordinary appeal application on November 8, 2021. The Prosecutor-General swiftly decided not to entertain it within ten days, and on November 23, a response stating "difficult to process" was received.
  
• Constitutional Interpretation Petition Declined
  The defense team had previously petitioned the Grand Justices for a constitutional interpretation regarding the service of documents under Article 58 of the Code of Criminal Procedure. On World Human Rights Day, December 10 of last year, the Grand Justices officially decided not to accept it (Constitutional Court Decision of Non-Acceptance, 110-Hsien-Erh-378).
  
• What's Next?
  Although the rescue progress has currently returned to square one, the defense team and volunteer team will still re-examine the case files and evidence to see if new evidence can be found, striving toward a retrial.
  

Workshop Content

To give more lawyers and teachers a concrete understanding of the Ming-Cun Lo case, guest lecturers were invited to explain the substantive and procedural legal issues of this case. Although in-person gatherings were not possible under the pandemic, an online seed lecturer workshop was arranged to overcome geographical limitations, hoping that the Lo Ming-ts'un case can blossom all across Taiwan.

In the future, when JRF receives event invitations, we will consult the seed lecturers regarding their availability and schedule, inviting everyone to take turns visiting campuses or giving lectures. This will allow the public to witness different aspects of individual case rescue and systematic reform concerning wrongful convictions. This is part of the movement to exonerate the Ming-Cun Lo case; through the most direct rule-of-law and human rights education using real examples, more people will come to understand the Ming-Cun Lo case and continue to serve as busy little bees advocating for the case.

Event Information

• Time: May 15, 2022 (Sunday) 10:00-12:00 AM (Registration opens at 09:45)
• Location: Online event. The Google Meet online meeting link will be sent after registration.
• Target Audience: Lawyers, teachers at all levels of schools

Online Registration

Moderator Chien-Ya Ma/ Legal Specialist, Judicial Reform Foundation
Speaker Shih-Hsun Lin / Pro Bono Defense Attorney for the Ming-Cun Lo Case