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MOJ clarifies limits of presidential pardon
The Ministry of Justice says it has not received any instructions from the presidential office or the Executive Yuan regarding former President Chen Shui-bian's pardon.
Deputy Justice Minister Huang Mou-xin (黃謀信) says Chen has exhausted all appeals for four of the criminal cases he was facing, and most of the NT$250 million in fines relating to those cases have been collected.
Questioned by lawmakers today, Huang says according to the constitution, a special pardon is a presidential prerogative, and the president can refer it to the Ministry of Justice for consideration or choose not to. He also says special pardons only apply to cases with the final verdict. Since the confiscation of illegal proceeds is not considered a punishment, it does not fall within the scope of a special pardon.
Chen currently has four finalized cases, with NT$250 million in fines already executed, and there's still NT$700 million under seizure, pending a final verdict.
The Ministry of Justice states that stopping cases under trial is beyond the scope of the presidential pardon, and any non-confiscated criminal proceeds remain unaffected.
This clarification comes amid rumours that President Tsai Ing-wen may pardon former President Chen Shui-bian before stepping down on 20 May. Prosecutors are likely to request the confiscation of Chen's overseas frozen assets, and Chen's family would not regain the overseas criminal proceeds.
The ministry noted that the power to grant pardons is exclusive to the president, limited to those already sentenced. Pending cases must continue to be evaluated by trial courts to determine if they can proceed. The ministry will provide legal and reasonable opinions if instructed to deliberate further.
