should be considered unlawful, and cannot be considered unfavorable to the
defendant thereof; moreover, no significant dispute over the legal opinion
arose and no uniform law issue was involved. Therefore, there was no
necessity for an extraordinary appeal, and it should be rejected accordingly.
The Control Yuan considered that the ruling, having a binding effect as a
substantive judgment, had the same effect as violating the law; in addition, the
concerned party filed a complaint therefor, which, if sustained, would
accordingly impair judicial credibility. Therefore, it submitted investigation
opinions and other practical related opinions and reasons to the Kaohsiung
District Prosecutors Office via the Ministry of Justice to request a retrial and
consideration for correction.
82.
Paragraph 1, Article 21 of the Enforcement Rules of the Statute of Progressive
Execution of Penalties sets forth the procedural requirements to restrict personal
freedom, although no authorization is expressly defined under its parent act. As a
result, prisons under the Agency of Corrections set up their own rating standards,
which deviate from the requirements provided under the parent act. This is contrary
to the principle of legal reservation. The prisoners can only involuntarily accept the
varying rating standards governing progressive execution of penalties depending
on which prison they are placed under. This is clearly unfair and unjust.
Protections for Return to Society
83.
Currently, there are multiple laws and regulations restricting the employment
of ex-offenders, and these involve multiple competent authorities. Statistics
show that about 60% of ex-offenders are primarily engaged in labor or serve
as technicians. Therefore, the current system which allows certain industries
to exclude ex-offenders increases their difficulty in seeking employment. The
Control Yuan proposed that the Ministry of Justice should continue soliciting
opinions on this and collecting statistical data, and urge the said competent
authorities to review the relevant regulations based on current societal
conditions, to strike a balance between social safety and the protection of
peoples’ right to work.
Multinational Mutual Legal Assistance
84.
As the competent authority in charge of foreign affairs, the Ministry of Foreign
Affairs should, based on humanitarian considerations, respond to international
calls for human rights, and demonstrate the government’s care for Taiwanese
nationals who are serving sentences or are detained for trial abroad. This may
be advanced by strengthing the exchange of intelligence and information and
through multinational judicial cooperation.
85.
The Ministry of Justice should be recognized and appreciated for enacting and
amending laws and regulations governing multinational mutual legal
assistance; it has convened meetings or conducted assessments where
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