May E-Paper | Contempt of Parliament: Is This a Matter of You Framing Me ( ﾟдﾟ)?
Last edited: 2026-07-27
[May Review]
Hi, have you kept up with the clashes and controversies that erupted in the Legislative Yuan in late May over the "parliamentary reform" bills?
Between May 17 and May 28, the Legislative Yuan deliberated on "parliamentary reform" bills, triggering intense clashes inside the chamber and drawing tens of thousands of citizens to protest outside, giving rise to the "Bluebird Movement." Following four rounds of deliberation, the KMT-TPP versions of the amendment to the Act Governing the Legislative Yuan's Power and the "contempt of parliament" offense in the Criminal Code were passed in their third reading amidst controversy.
The Democratic Progressive Party legislative caucus promptly announced its intention to file a constitutional interpretation petition, and Premier Cho Jung-tai also stated on May 29 that the provisions presented insurmountable difficulties in implementation and that the Executive Yuan would draft a request for reconsideration.
In response to the constitutional litigation, JRF has compiled 5 bite-sized facts about constitutional litigation:
1. What is constitutional litigation? What role does it play in this controversy?
2. Will the Grand Justices accept this case?
3. Now that the bill has passed its third reading, will it take effect and apply immediately?
4. To what extent will flaws in the legislative process render a law unconstitutional?
5. Is it possible that the passed statutory provisions are unconstitutional?
JRF has successively released two statements and two Q&As. Click the links to understand the situation in the legislature, and follow our Facebook and Instagram to stay updated on subsequent developments!
Statement | From Eight Years of Inaction to Parliamentary Abuse of Power: Majority Violence Forcing Through Parliamentary Reform Damages Democracy
[Read More]
Q&A | What is the Parliamentary Debate About? Five Key Takeaways on the Legislative Showdown
[Read More]
Statement | Statement Concerning Controversies Surrounding the Second Reading of the Parliamentary Reform Bills by the Legislative Yuan
[Read More]
Will the "Parliamentary Reform" Controversy Reach the Constitutional Court?——5 Constitutional Litigation Facts for Citizens
[Read More]
What Issues Do We Find in the Bills?
Given that the provisions in question involve significant public interest and were enacted without substantive discussion, JRF, as a civil society organization long dedicated to legal affairs such as judicial reform, has a responsibility to publicly raise concerns and present opinions on each provision one by one.
Upon reviewing the joint version proposed by the Kuomintang and Taiwan People's Party, we found that it indeed raises numerous concerns regarding violations of legal principles and even the Constitution. Therefore, should the DPP caucus file for constitutional litigation and provisional measures, certain provisions in the KMT-TPP version are indeed at risk of being declared unconstitutional, which would further exacerbate cross-party confrontation and political chaos.
[Exoneration Updates]
📍 The Hsueh Ch'ing-piao (薛清標) Case
Thank you for your continuous support and encouragement for JRF. This month, we released a wrongful conviction rescue video documenting the time lost by an innocent person. At the same time, we called upon Presidents Tsai Ing-wen and Lai Ching-te, hoping they will see the plight of innocent individuals in prison and use the power of presidential pardon to grant them the opportunity to fight for their innocence with dignity outside prison walls.
Even though the path of judicial reform is fraught with setbacks, good news still arrives from time to time!
On the 18th of last month, we received the Chiayi District Court's decision to initiate a retrial in the case of Hsueh Ch'ing-piao (Taiwan Chiayi District Court Criminal Ruling 113-Su-Chien-Tsai-2)!
To understand Hsueh Ch'ing-piao's case, one can first look at the Chiayi District Court Criminal Summary Judgment: "The defendant has a prior criminal record involving offenses such as the Act Governing Control of Guns, Ammunition and Knives, and narcotics, as shown by the Taiwan High Court Defendant Criminal Record Table. He has a poor character, is a reservist, and failed to report his change of residence in accordance with regulations, resulting in the educational muster notice failing to reach him." Consequently, Hsueh was found guilty of violating the Military Service Act and sentenced to two months' imprisonment.
However, according to the Military Service Act and Supreme Court practical jurisprudence, individuals previously sentenced to imprisonment for five years or more are exempt from military service; reservists legally exempt from military service lose their reservist status. The defense counsel team submitted the "criminal record table" as new evidence to demonstrate that because Hsueh had already been convicted in a drug case, he was mistakenly conscripted for an educational muster.
Wrongful convictions take myriad forms. Although Hsueh Ch'ing-piao's case is merely a minor matter involving a two-month prison sentence, 13 full years passed from the finalization of the judgment to the JRF defense team's assistance and the eventual opening of a retrial!
We sincerely hope the upcoming retrial proceedings go smoothly! We also invite everyone to continue paying attention to and supporting JRF's work.
📍 The Ch'iu Sung-ch'eng (邱嵩程) Case | Court Observation (Specialist Ch'en Chih-p'ei)
When will these endless days of wrongful imprisonment end?
Prior to this court session, the Taiwan High Court Kaohsiung Branch Court had already rejected Ch'iu Sung-ch'eng's retrial application three times. Fortunately, thanks to the efforts of the pro bono defense team, all three dismissal rulings were revoked and remanded by the Supreme Court. This marks the fourth time the Kaohsiung Branch Court has held a retrial investigation hearing for the Ch'iu Sung-ch'eng case. Will the Kaohsiung Branch Court finally answer Ch'iu Sung-ch'eng's knock on the door this time?
When Will the Door to Retrial Open?
On the afternoon of May 9, 2024, the Kaohsiung Branch Court held its fourth retrial investigation hearing for the Ch'iu Sung-ch'eng case. Because the Supreme Court's remand reasoning explicitly pointed out that the Kaohsiung Branch Court failed to thoroughly examine the appraisal reports submitted by Professor Li Chun-i and Police Officer Lan Chin-lung, nor did it re-examine the surveillance footage from the time of the incident using the technical methods mentioned in the appraisal report regarding the numerous doubts raised by the pro bono defense team (Supreme Court Criminal Ruling 112-Tai-Kang-1401), the judge at this hearing invited the pro bono defense team and the prosecutor to express their views on whether and how the footage should be re-examined.
"Since we are going to examine the footage, I hope we can do it thoroughly the first time and understand the actual situation in the clearest possible way," the judge remarked.
JRF and the pro bono defense team have consistently maintained that it was impossible for Ch'iu Sung-ch'eng to have concealed a knife in his clothing that day, that what Ch'iu held was a mobile phone rather than a knife, that the stains on Ch'iu's clothes were not bloodstains, and that Ch'iu did not use a knife to kill Mr. Cheng. If the court is willing to re-examine the footage using new technical methods, we believe there will certainly be a major breakthrough in this case.
➤ Case Issues: Please refer to [Case Introduction]
When Will the Day of Freedom Return?
Inside the courtroom, although Ch'iu Sung-ch'eng and we were separated by a waist-high railing, being in the same space as the client made us truly realize that, were it not for his wrongful imprisonment, there would not be so many differences between us—no shackles bound to our hands and feet, no false criminal charges imposed upon our heads, and no forced loss of time to spend with our loved ones.
Mr. and Mrs. Ch'iu sat in the seating area on the back left. Throughout the one-hour investigation hearing, Sung-ch'eng could not have any dialogue with them, could not express their mutual longing, and could not tell them in person how he was doing. That weekend was Mother's Day, yet separated by a mere railing, Sung-ch'eng could not say "Happy Mother's Day" to his mother in person.
Before the court session, Ch'iu Sung-ch'eng wrote a letter expressing his hope that anyone coming to observe the trial could send him some positive energy. Sitting on the High Speed Rail train on my way back after the hearing, I rewatched director Chang Tso-chi's *Ah Fei*, and suddenly understood how severely the repetitive days in prison can wear down a person's will. Doing almost the same things in the exact same space day in and day out, Ch'iu Sung-ch'eng has been forced to live such a black-and-white existence for something he never did.
Opening a retrial is a narrow gate, but for Ch'iu Sung-ch'eng, it is a ray of light shining obliquely through a crack into his dark cell—a light of hope and freedom. Though repeatedly turned away from the door, he continues to rely on his formidable willpower to make a fourth attempt to pry open the gates of retrial, pinning his hopes on this moment and looking forward to becoming a free man once again.
The next court date is set for June 6 at 2:00 PM, at the 6th Courtroom of the Taiwan High Court Kaohsiung Branch Court.
Your continued concern and support are indispensable on the path of wrongful conviction rescue. We invite you to attend the court observation and care for this case together.
- Date: Thursday, June 6
- Time: 2:00 PM
- Location: 6th Courtroom, Taiwan High Court Kaohsiung Branch Court
This article is an AI-generated translation of the original Chinese text. In the event of any discrepancy, the Chinese version shall prevail.