【國昌質詢】不肖奸商引入中資炒股 綠委為個案修法脫罪｜2025-04-24｜司法及法制委員會 When Law Becomes a Shield: The Alarming Trend of Case-Specific Legislation in Taiwan
2025.04.24國昌質詢｜不肖奸商引入中資炒股 綠委為個案修法脫罪｜非常上訴變「特權通道」？ 利用修法影響判決形成遮羞布？民進黨立委推動「個案修法」疑為鄭文逸脫罪？政治干預護航令司法獨立面臨挑戰
#國昌質詢
去年7月，台商鄭文逸聯手中國籍通緝犯任國龍(編按：調查局通緝犯資料明細 https://www.mjib.gov.tw/Crimes/Crimes_Detail?uid=346 )炒作大同股票，不法所得高達12億5700萬，遭重判13年半。可恥的是，去年4月，就有民進黨的立委在「審判中」提案變更《證券交易法》及《企業併購法》的犯罪構成要件，意圖幫鄭文逸脫罪，遭到本黨團提案退回程序委員會。
可恥的是，等到判刑確定，民進黨立委仍不死心，繼續提案變更非常上訴條件，完全配合鄭文逸後續的主張，如此量身打造、斧鑿斑斑的個案修法，乾脆直接提案判鄭文逸應無罪即可？
此外，我先前已多次質詢，金融重犯鍾文智早於2023年時，被高院法官直指為詐騙集團主謀，但因檢察官未起訴，所以無法究責，我也於2023年2月具狀告發鍾文智，新北地檢署案子是辦到哪去？
結果，等了超過兩年多，鍾文智人都跑了，新北地檢署才於近日起訴鍾文智，到底有何意義？更何況，細看起訴書，絕大多數的證據早於前案取得，告發後根本毫無偵查作為，是因為鍾文智是綠營權貴，等到人跑了才要起訴？
備詢官員：司法院副秘書長王梅英、法務部次長黃謀信
資料與影片來源：【國昌質詢】不肖奸商引入中資炒股 綠委為個案修法脫罪｜2025-04-24｜司法及法制委員會 https://www.youtube.com/watch?v=2EcBYz24bEY @KC-Huang #黃國昌 #HuangKuoChang #taiwan #legislator #太離譜了
Translation:
During today's session of Judiciary and Organic Laws and Statutes Committee(司法及法制委員會), which focused on reviewing proposed amendments to the Code of Criminal Procedure(刑事訴訟法), a legislator from the Democratic Progressive Party(DPP) introduced a highly controversial proposal. The legislator suggested that the Prosecutor-General be obligated to file an extraordinary appeal and suspend the execution of penalties under certain conditions. This is an unprecedented legal construct—one so extraordinary that even the Judicial Yuan and the Ministry of Justice acknowledged it has no legislative parallel anywhere in the world. This begs the question: where did such an idea originate?
The roots of this proposal can be traced back to a high-profile financial crime involving Taiwanese businessman Cheng Wen-yi(鄭文逸). In July of last year, Cheng, in collaboration with Chinese fugitive Ren Guo-long(任國龍), engaged in stock manipulation involving Tatung Co.(大同) , amassing illegal profits of up to NT$1.257 billion. As a result, Cheng was sentenced to 13 and a half years in prison.
Yet, disturbingly, during the trial proceedings in April last year, a DPP legislator introduced proposed amendments to the Securities and Exchange Act(證券交易法) and the Business Mergers and Acquisitions Act(企業併購法), aiming to revise the elements constituting this very crime. The timing and substance of the proposal strongly suggested an intent to exonerate Cheng Wen-yi. Fortunately, our party caucus stood firm and rejected the proposal, sending it back to the Procedure Committee(程序委員會).
However, this was not the end of the DPP's efforts. Even after the court's ruling became final, DPP legislators continued pushing for changes—this time to the criteria governing extraordinary appeals. The amendments they proposed happen to mirror, almost exactly, the legal arguments Cheng Wen-yi later made in his petitions. It is hard not to conclude that these are tailor-made, case-specific amendments, so conspicuously beneficial to Cheng that one might as well propose a bill declaring his innocence outright.
Equally concerning is the ongoing case involving financial criminal Chung Wen-chih(鍾文智). As early as 2023, the High Court had already identified Chung as the mastermind behind a fraud syndicate. Yet, due to prosecutorial inaction—specifically, the failure to indict—no accountability was pursued. In February of that year, I formally lodged a complaint against Chung Wen-chih. But what progress has been made by the New Taipei District Prosecutors Office since then?
After more than two years of silence, Chung has now fled. Only recently has the Prosecutors Office decided to indict him. But what is the point of such delayed justice? A review of the indictment reveals that most of the evidence was sourced from the earlier stages of the case. No significant investigative efforts have been undertaken since my complaint was filed. This raises a deeply troubling question: did the authorities delay action because Chung Wen-chih is a prominent figure associated with the pan-green camp? Did they wait for him to abscond before finally initiating prosecution?
Officials to answer interpellation：Deputy Secretary-General of the Judicial Yuan,Wang Mei-ying(王梅英), Deputy Minister of Justice Huang Mou-hsin(黃謀信)
----------------
#黃國昌 #HuangKuoChang #台灣民眾黨 #國會監督 #刑事訴訟法修法 #司法改革 #鄭文逸案 #大同炒股案 #金融犯罪 #鍾文智案 #政治干預司法 #民進黨立委量身修法 #個案修法 #民進黨立委護航 #法務部應有所作為 #司法院 #JudicialReform #ProsecutorialNegligence #PoliticalAccountability #StockManipulationCase #FinancialCrimeTaiwan #CriminalJustice #TaiwanLaw
留言
張貼留言