序號
Case # |
繫屬法院
Final Court |
案號
Court Case # |
案由
Case Title |
目前進度
Current Status |
簡要說明
Remarks |
| 1 |
最高法院
Highest Court |
99年度台上字第7078號
99-top-7078
(last update in 2010) |
國務機要費案（龍潭購地案部分）
The Long-Tang Land Deal Part within the
President Discretionary Fund Embezzlement Case (see comments below) |
三審定讞
Final Verdict Handed down by Highest Court directly (see the same comment below) |
一、定執行刑17年6個月。
1. Sentenced to 17.5 years. Currently in prison serving this jail term.
二、本案有中途換法官不公正審判之問題。
2. Legally appointed judge was replaced illegally during the trial.
三、本案有特偵組教唆辜仲諒作偽證之問題。
3. The Special Prosecution Panel coerced Jeffrey Koo, Jr. to provide false testimonies, admitted by Koo, Jr. at court along with his own lawyer during his own trial.
Final Verdict Handed down by Highest Court directly (see the same comment below)
|
| 2 |
高等法院
High Court |
101年度矚上重更(二)字第2號
(last case updated in 2012) |
國務機要費案（龍潭購地案以外部分）
The President Discretionary Fund Embezzlement Case other than the Long-Tang Land Deal Part |
更二審 |
一、一審判無期徒刑。
1. First trial verdict: life in prison.
二、二審判20年。
2. Second trial: 20 years in prison.
三、更一審判無罪。
（另判偽造文書2年8個月）
3. First retrial: Not guilty for all charges except the charge of falsifying documents, for which 2 years and 8 months sentence was handed down.
四、最高法院發回更二審（偽造文書有罪確定）
4. Highest court invalided the not-guilty verdict and returned the case to High Court for a 2nd retrial. The verdict of falsifying document was upheld and reached a final verdict.
|
| 3 |
高等法院
High Court |
101年度台上字第6482號
(last case filed in 2012) |
二次金改案（元大併復華部分確定）
The part related to the merge between Yuan-Da Financial Group and Fu-Hua Group within the 2nd Monetary Reform Case |
三審定讞
Final Verdict Handed down by Highest Court directly (see the same comment below) |
一、一審判決：無罪。
1. First trial: Not Guilty.
二、二審判決：18年。
2. Second trial: 18 years in prison.
三、三審判決：10年。
3. Final verdict: 10 years in prison.
四、本案有馬英九公然以總統身份干涉審判之問題。
4. Ma Ying-Jeou called the not-guilty verdict not acceptable after the first trial and invited judges and prosecutors for a dinner. Soon after, the Long-Tang case was found guilty (case #1) by Highest Court. An obvious violation of abusing political influence to affect a trial’s outcome.
|
| 4 |
高等法院
High Court |
102年度矚上重更(一)字第1號
Last case updated in 2013 |
二次金改案（國泰併世華部分發回）
The part related to the merge between Kuo-Tai and Shi-Hua Financial Groups within the 2nd Monetary Reform Case |
二審審理中
In the process of 2nd trial |
一、一審判決：無罪。
1. First trial: Not guilty.
二、二審判決：18年。
2. Second trial: 18 years in prison.
三、三審判決：撤銷發回。
3. Third trial: returned to High Court for retrial.
四、本案有馬英九公然以總統身份干涉審判之問題。
Ma Ying-Jeou called the not-guilty verdict not acceptable after the first trial and invited judges and prosecutors for a dinner. Soon after, the Long-Tang case was found guilty (case #1) by Highest Court. An obvious violation of abusing political influence to affect a trial’s outcome.
|
| 5 |
臺灣高等法院
Taiwan High Court |
101年度矚上更(一)字第3號
Last update in 2012 |
教唆偽證案
Witness tempering case |
二審審理中
In the process of 2nd trial |
一、一審判決：4個月。
1. First trial: Guilty, 4 months in prison
二、二審判決：無罪。
2. Second trial: Not guilty.
三、三審判決：撤銷發回。
3. Third trial: Not guilty verdict was invalided by Highest Court and a retrial ordered.
|
| 6 |
臺灣臺北地方法院
Taipei District Court |
101年度矚訴字第2號
Filed in 2012 |
侵占公文洩密案
Illegal possession of classified documents |
無罪定讞
Final Verdict: Not Guilty |
President Chen was accused to move many boxes of classified documents from his president office to his ex-president office. All these boxes were unopened because he was placed under custody before he had a chance to use them.
The Special Prosecutor Panel closed the case on Aug. 28, 2014, citing no evidence.
|
| 7 |
臺灣高等法院
Taiwan High Court |
99年度矚上重訴字第57號
Last update in 1010 |
外交零用金案
The Diplomatic Mission Miscellaneous Fund Embezzlement Case |
無罪定讞
Final Verdict: Not Guilty |
一、二、三審均無罪。
Not Guilty for all three trials. |
| 8 |
臺灣高等法院
Taiwan High Court |
101年度重上字第613號
Last update 2012 |
科管局請求民事損害賠償案
Civil lawsuit by Scientific Part Authority for the loss due to the Long-Tang Case. |
二審審理中
In the process of 2nd trial
|
一審判決：原告之訴駁回。
1. First trial: the case was ejected by the district court. |
The cases closed by the prosecutors recently:
1. Accused for money laundering of $40 million using Airforce #1 Presidential plane. This was the sensational Oversea 700 million (NT$) case which turned the public opinion completely against President Chen. On Aug. 6, 2014, the Special Prosecutor Panel closed the case after over six years of investigation and found zero evidence of any money laundering.
2. This case accusing President Chen of stealing classified documents (which are the documents of his own presidential office). The Special Prosecutor Panel closed the case on Aug. 28, 2014, citing no evidence.
Comment #1: Taiwan’s court system has three layers, district courts for the first run trials, High Court for the second round, and Highest Court for the third run. Highest Court rarely makes a final verdict directly. It either uphold the verdict reached by High Court or return it back to High Court. However, both final verdicts against President Chen (cases #1 and #3), Highest Court made its own verdict by breaking away from precedents and by inventing a new interpretation of law, denoted as actual influence theory. See attachment #1 for a detailed explanation.
Comment #2: It is very unusual to split a case into different parts and do separate trials for them. Both Guilty final verdicts were split from a general case. It is a typical pattern of political persecution.
Comment#3: President Chen has attorney-client privilege because the meetings with his attorneys were all restricted and recorded.
Comment #4: Please see the attached documents for the unfair trial process described by various witnesses, including President Chen himself.
