Judgement Handed Down for State Affairs Fund Case 國務機要費更二審宣判 陳水扁等人免訴

The case against former President Chen Shui-bian for misusing the state affairs fund has been dropped after 16 years as the relevant laws were amended this May. Meanwhile, Chen's family including Wu Shu-jen, Chen Chih-chung, and Huang Jui-ching were each sentenced for money laundering.

Former President Chen Shui-bian held an international press conference in April of this year, to explain that he did not misuse the state affairs fund for personal gains. Chen and his wife Wu Shu-jen were accused of embezzling the state affairs fund, with litigation continuing for 16 years. The Legislative Yuan amended the Accounting Act at the end of May to decriminalize crimes related to the state affairs fund. Thus, Chen, Wu, former Presidential Office Deputy Secretary-general Ma Yung-cheng, and former Presidential Office Director Lin De-hsun were all exempt from lawsuits.

Lien Yu-chun, Judge, Criminal Court, Taiwan High Court: “Defendants Chen Shui-bian, Wu Shu-jen, Chen Chen-hui, Ma Yung-cheng, Lin De-hsun, Tsai Ming-che, and Kuo Chuan-ching are exempt from prosecution for embezzling, forging documents, and money laundering in regards to the state affairs fund.”

Chen, his wife, and others have four major legal cases including the state affairs fund, Taipei Nangang Exhibition Center, Longtan land purchase, and money laundering. Wu was sentenced to two years in prison for money laundering on the morning of the 15th. Her son Chen Chih-chung and daughter-in-law Huang Jui-ching were sentenced to one year and 10 months for money laundering in the Longtan land purchase and the Taipei Nangang Exhibition Center case. Huang could receive a four-year suspended sentence.

Chen Chih-chung (Jan. 5, 2022), Chen Shui-bian's Son: “It may be time to let Former President Chen's case come to an end.”

The younger Chen had not responded prior to our reporting deadline. Ma's mobile phone was turned off. However, when Chen Chih-chung was asked in the past when the Tainan City Council passed an amnesty for Chen Shui-bian, he said that he hoped that the entire Chen case can come to an end and let history make its own judgment. The case's second instance started the trial in 2012 but the lawsuit was delayed and took 10 years to conclude due to Chen's medical parole and Wu's ill health. 

今年4月，前總統陳水扁親自召開國際記者會，說明他涉及的國務機要費案沒有不法所得，他與太太吳淑珍被控貪汙國務機要費，案件纏訟16年，今日上午宣判，因立法院5月底三讀通過《會計法》修法，將國務機要費相關犯行除罪，判決如外界預期。涉及國務機要費案的陳水扁、吳淑珍、總統府前副秘書長馬永成、總統辦公室前主任林德訓等人通通免訴。

高院刑事庭法官連育群表示：「被告陳水扁、吳淑珍、陳鎮慧、馬永成、林德訓、蔡銘哲、郭銓慶等人，有關國務機要費部份，被訴侵占公有財物、詐取財物、偽造文書洗錢等部分，均免訴。」

陳水扁與妻子吳淑珍等人共涉國務機要費、南港展覽館、龍潭購地、洗錢等4大案，經併案審理及發回後，今日上午更二審宣判，吳淑珍另因涉及國務機要費洗錢遭判刑2年，兒子陳致中與媳婦黃睿靚則因龍潭購地及南港展覽館涉及洗錢，判1年及10月有期徒刑；黃睿靚可緩刑4年。

陳水扁兒子陳致中(2022.01.05)：「扁案，或許也是一個時候，讓他可以告一段落。」

今日上午陳致中尚無回應，前總統府副秘書長馬永成手機關機，但陳致中過去被問到台南市議會通過特赦陳水扁時曾表示，希望扁案對台灣社會所造成的風風雨雨真正告一段落，是非功過交由歷史公評，全案更二審從2012年審理，一度因陳水扁保外就醫、吳淑珍健康不佳等狀況訴訟進度延宕，讓更二審歷時10年宣判。