Li Yi-hsiang, Hoa Van Hao Detained for Another Three Months 花蓮地院裁定 李義祥.華文好續押3個月

The Hualien District Court has decided to continue detaining crane truck driver Li Yi-hsiang and Vietnamese migrant worker Hoa Van Hao. Meanwhile, they are not allowed to be visited or receive messages to avoid collusion.


After the first round of investigation, the Hualien District Court is deciding on whether to further detain Li Yi-hsiang, driver of the crane truck and Vietnamese migrant worker Hoa Van Hao. Judges asked Li why he had not notified Taiwan Railways Administration or called the police right away. Li responded he did not know which number to call but he did call the head of construction of Taiwan Railway’s Hualien Department surnamed Hsiung. When further asked why there is contradiction in his statement of confession and the initial reluctance to reveal Hoa’s identity, Li replied saying he was too nervous and did not want to get arrested. The lawyer defending Hoa argued that there is no relationship of cause and effect between the accident and his client, as Hoa only helped to drive the excavator to Li after the truck had fallen onto the track, but judges still decided to continue detention.
 
Both Li Yi-hsiang and Hoa Van Hao are considered flight risks and acting in collusion. The court has decided on detention for another three months starting April 21, and they are not allowed to be visited or to receive any letters, messages or objects.
 
Meanwhile, the Executive Yuan is considering to propose harsher penalties for those convicted of negligence causing death of three people or more by adding a provision that extends punishment from 5 years maximum originally to up to 10 years in prison.
 
According to Taiwan’s criminal code article 2, the law in force of the commission of the offense shall apply, but when the law is amended after the commission, provided that when the amended law is favorable to the offender, the most favorable law shall apply. Therefore, I think we have to see when the amendment is actually made, which law applies more to their situation.
 
So far, Li admits to the crime but he denies to having tried to escape from the accident. The court considers the two as flight risks and acting in collusion, and has decided on further detaining both of them for another three months. However, Hoa can be allowed to see staff from the Vietnam Economic and Cultural office in Taipei.
 
 
 
這是花蓮地檢署16號首波偵結起訴後,地方法院第一次將在押的李義祥,與移工華文好移送地院審理再押與否。合議庭上法官詢問李義祥為何第一時間沒有打給台鐵調度所或報案?李義祥表示不知道調度所電話,但有打給台鐵花蓮工務段熊姓施工主任。法官再問,為何李義祥筆錄前後不一,還拒絕交代阿好身分,李義祥則回答是太緊張、怕被警察抓走。而華文好的辯護律師指出,阿好只有協助把怪手開給李義祥,和事故沒有因果關係。但法官最後還是裁定將兩人繼續收押禁見。
 
花蓮地方法院發言人 黃鴻達表示:「李義祥,還有華文好兩位,都有逃亡還有勾串之虞,所以認定也有羈押的必要性,所以裁定從昨天(21號)開始,羈押三個月,並禁止接見通信還有收受物件。」
 
此外,立法院正在討論修改刑法過失致死罪的刑度,將造成三人以上死亡的案子修改成十年以下,外界相當關心是否會影響此案判決。
 
花蓮地方法院發言人 黃鴻達表示:「刑法第2條的規定,原則是上適用行為時的法律,但是修正後的法律,有利於被告的話,就是以對他有利的做適用,這是要待何時修法通過公布施行,還有看法規的內容,再加上新舊法比較的適用來決定。」
 
李義祥對犯罪事實大致承認,但否認肇事逃逸,法官認為兩人均有串證逃亡之虞,還是裁定將兩人續押三個月,但華文好可以接見駐台北越南經濟文化辦事處人員。
 

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