Railway Police Murder Case to be Retried?|殺警案二度抗告成功 發回地院重新裁定


A man surnamed Cheng who killed a railway police officer named Lee Cheng-han by stabbing in 2019 was found not guilty and released on NT$500,000 bail. The Chiayi District Prosecutors Office has filed charges against him again and the Tainan District High Court has issued five reasons why it thinks the Cheng needs to remain in custody. The case has been sent back to the Chiayi District Court for a new ruling.


The defendant will have 24 hours from the time the decision goes into effective to pay bail of NT$1 million. If he fails to do so, bail will be revoked and he will remain in custody. Prosecutors in this case filed an appeal on May 1. Our colleagues worked overtime on this and the appeal process is well underway.

The district court says the crime that was committed by the defendant was a major one, and even though he was found not guilty, his attack on a law enforcement officer on a train created social and public panic. Thus, to protect social order and in light of the defendant's family and economic situation, the defendant should have to come up with bail of NT$1 million within 24 hours of the ruling or be held without bail indefinitely. In response, the Chiayi District Prosecutors Office said although the deposit was raised and a time limit on payment was imposed. To prevent further and repeated procedural delays, it will give serious consideration to the case and the defendant's situation and what kind of harm it may cause in the future before deciding whether to refile charges.



嘉義地方法院發言人 洪嘉蘭表示:「限定被告要在裁定生效後,24小時之內,繳納保證金100萬元具保,如果期間之內不具保的話,具保失其效力,仍然繼續羈押。本案檢察官已經在5/1提起上訴,全案卷證上訴流程,我們同仁已經在假日加班處理,上訴進度也會盡快進行。」

地院指出,被告犯行情節重大,雖然判無罪,但在火車上攻擊執法人員,導致社會大眾的恐慌,基於對社會秩序安寧的維護,還有考慮被告家庭經濟狀況,限定被告在裁定生效後24小時內繳納保證金100萬元,否則具保失效,繼續羈押。對此,嘉義地檢署表示,保證金雖提高並限時繳納,為了避免程序反覆延宕,將慎重審酌全案意旨、被告狀況,未來可能衍生的危害等情況,再決定是否提起抗告。

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