Female music teacher in Zhongli refused to interrogate and was handcuffed by the police and sentenced to six months of detention | Zhongli Branch | Crime of obstructing official business

[The Epoch Times, February 01, 2023](Reported by Epoch Times reporter Xu Naiyi, Taoyuan, Taiwan) Zhan Huiling, a female music teacher in Zhongli, was involved in an altercation between Zhongli police and police, and the female teacher suppressed the arrest. The Taoyuan District Court sentenced the police officers to the crime of coercion by public servants under the guise of their positions, and the crime of depriving others of freedom of movement by public servants under the guise of their positions. They will be sentenced to 4 months and 6 months in prison, and only the former may be fined. In this regard, Zhan Zhisong, deputy director of the Zhongli Branch, responded that the Zhongli Branch respects the judgment of the Taoyuan District Court, and will continue to care about the physical and mental state of the policeman surnamed Ye during the lawsuit, provide relevant legal assistance and start psychological counseling for the police mentoring mechanism. In the future, in addition to continuously improving the police’s law enforcement skills, it is also required to handle any case according to the law, enforce the law strictly, and pay attention to the principle of proportionality, so as to maintain the image of the police.

On April 22, 2021, music teacher Zhan Huiling was interrogated by a policeman surnamed Ye from the Zhongli Branch of the Taoyuan City Police Department. At that time, she refused to answer and called the policeman “stupid”. Later, he was arrested on suspicion of obstructing public affairs; Zhan Huiling also filed a lawsuit because she believed that the police had abused their power and enforced the law excessively.

In 2021, she was sanctioned by the prosecution without prosecution, but Zhan Huiling filed for reconsideration afterwards, and was sent back by the Taiwan Higher Prosecutor’s Office. The prosecutor believed that Ye Yuan’s temporary inspection did not comply with the regulations, and that he was involved in the serious crime of obstructing freedom by taking advantage of his position as a civil servant. Police officer Ye was sued last year.

The Taoyuan District Court announced the verdict on the 1st. After inspecting the security recorder screen of the officers and police, the female teacher had no signs of mental disorder after drug abuse, was about to commit a crime, and did not attack, run into the police, or speed up her escape. Article 6, Item 1, of the Act on Exercising Powers initiates verification requirements.

Under such circumstances, the police physically prevented the female teacher from leaving, and asked to wait for the police support to arrive and go to the police station to check her identity, which constituted a violent violation of the female teacher’s right to freedom of movement.

The verdict also pointed out that the police officers illegally stopped and inspected the female teacher, and they had already violated the compulsory crime of the criminal law. Naturally, they were not “executing their duties according to the law.” The female teacher said that the police officers were “really stupid” and “what you did violated your work.” Such words are speeches defending one’s own rights and reasonably commenting on the illegal behavior of civil servants, which do not constitute the crime of obstructing public affairs in the criminal law, and the police have no way to arrest the female teacher as an active crime.

The police restrained the female teacher to the ground and then handcuffed and arrested the female teacher. It is difficult to recognize that it is an act of performing duties legally; The police are trusted, and the police officers failed to express their remorse after committing the crime, and could not obtain the female teacher’s understanding or compensation for the loss. The attitude after the crime is hardly good.

The Taoyuan District Court pronounced that the police officer surnamed Ye committed the crime of coercion by a civil servant under the guise of his position, and was sentenced to 4 months in prison, if subject to a fine of NT$1,000, converted into 1 day; The crime of liberty shall be sentenced to six months in prison.

The court pointed out that for the crime of depriving others of freedom of movement, Yike’s fine was not issued because after being aggravated by civil servants, the heaviest principal punishment has exceeded 5 years, which does not meet the requirements for Yike’s fine, so this part cannot be fined by Yike; Both the prosecutor and the defendant may appeal.

The Zhongli Police Station also stated that in the future, in addition to continuously improving police law enforcement skills, it is also required to handle any case according to the law, enforce the law strictly, and pay attention to the principle of proportionality to maintain the image of the police. We also call on the public to remain rational and calm when the police are on the scene, cooperate and support the police in law enforcement, and make every effort to maintain social order, public security and stability. ◇

Editor in charge: Li Yue