Legislative Yuan passed the bill for amendments to the Code of Criminal Procedure; the right to search be returned to courts as of July 1

Source: China Times 01/04/2001

Translated by P.C. Lue

    The Legislative Yuan passed the bill for amendments to partial provisions of the Code of Criminal Procedure yesterday.  The major amendment was about the right to search, which will be returned to courts as of July 1.  However, if a prosecutor considers, with sound reasons, that a case is urgent and the evidence is likely to be fabricated, altered, destroyed or hidden unless an immediate search is made, the prosecutor may directly conduct search, or command procuratorial officers, judicial police officer or judicial policemen to conduct search.  However, the prosecutor must report to the court having jurisdiction over the case within three days after search is made. (That is, a prosecutor has the right to search in an urgent case and the search conducted has to be examined afterwards.) The procedure of issuing a search warrant should not be made public. In the future, a search warrant should indicate the main points of a case, the term of validity and the words to the effect that no search should be conducted after the term of validity so as to protect the human rights. The amendments also include provisions which rule that if a judicial policeman considers it necessary to conduct search for the purpose of investigating a criminal suspect’s crime or collecting evidence, he may apply with the court having jurisdiction for a search warrant after reporting to the prosecutor and obtaining the prosecutor’s permission in accordance with the relevant provisions. If the court dismisses the aforementioned application, the judicial policeman should not declare discontent.