The man surnamed Huang held a simulated gun and confessed to holding it during the prosecutor's investigation. The court found that the police did not sign a "recognizance document" in accordance with the law before identifying the simulated gun, and found that Huang was not guilty. (Photo by reporter Lin Jiadong)
A man surnamed Huang from Keelung City was seized by the police in September last year with a simulated gun. During the investigation, Huang confessed to possessing it. The prosecutor charged him with violating the Guns, Ammunition and Knives Control Regulations. Unexpectedly, the case took a turn for the worse when it was heard in court. The Keelung District Court found that the police officer in charge of the appraisal failed to sign a "certificate" in accordance with the law before appraising the simulated gun, causing the appraisal report to lose its evidence capacity. After excluding the appraisal information, only Mr. Huang was left with a single confession, lacking reinforcing evidence, and the court ruled that Mr. Huang was not guilty in accordance with the law.
The verdict pointed out that the prosecutors claimed that the man surnamed Huang knew that the simulated gun with the appearance, structure and firing mechanism of a real gun and could be transformed into a lethal weapon had been banned in January 2024, but he still purchased a simulated gun from an unknown seller on the Internet and kept it. At about 8 a.m. on September 23 last year, the police went to Huang's residence with a search ticket issued by the Keelung District Court and searched the simulated gun on the spot. After the interrogation, Huang was charged with possessing a simulated gun banned under the notice without permission.
During the court hearing, Huang Nan confessed to possessing the imitated gun used in the case and even stated in court that the preliminary inspection record sheet and identification letter of the imitated gun issued by the police were capable of evidence. However, when the judge reviewed the documents, he discovered major procedural flaws.
The judge pointed out that according to the provisions of the Criminal Procedure Law, the person conducting the appraisal must "confirm" before the appraisal. Otherwise, the appraisal opinion shall not be used as evidence. Even if the parties later agree that the written report has evidential capacity, it only exempts the appraiser from making a statement in court, but does not exempt him from the legal obligation to make a confession before the appraisal.
After the court sent a letter to the Keelung City Police Department for confirmation, it was confirmed that the appraisal data in this case was not accompanied by a conclusion that the appraiser had made a legal confession before the appraisal, and there was no way to confirm that the appraiser had made a legal confession. Therefore, the appraisal report lost its evidence capacity according to the law and must be excluded. The judge believed that after excluding the identification information, only Huang Man's confession remained in the file, and there was no other reinforcing evidence to prove that the gun seized in the case was indeed a simulated gun that was banned under the notice. Based on the principle of presumption of innocence, Huang Man was ruled not guilty. Can be appealed.
