There are no restrictions on the judge’s freedom to testify. Objective evidence favorable to the defendant should still be fully investigated.

There are no restrictions on the judge’s freedom to testify. Objective evidence favorable to the defendant should still be fully investigated.

Former Taipei University of Technology professor Wang Longchang was acquitted in the Nangang Exhibition Center project bidding fraud case. The key lies in the inconsistent testimony of Huang Wei'an, the special assistant to the chairman of Rio Tinto Construction who accused him of taking bribes, and the lack of objective evidence such as cash flow to reinforce it. Wang Boqi, associate professor of the Department of Crime Prevention and Control at Ming Chuan University, said that although tainted witnesses can help expose hidden crimes, they may also falsely accuse others in order to reduce their sentences. Therefore, objective evidence testing is more necessary. How the court selects evidence and forms free evidence is also the key to avoiding miscarriage of justice.

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Wang Longchang was convicted of accepting bribes that year, and the key accusation came from Huang Wei'an, who had turned into a tainted witness. Huang accused Wang of accepting 1.2 million yuan, but no contact records such as correspondence or emails were found between the two. No bribes were withheld or corresponding abnormal cash flow was found in the accounts of Wang and his family. There are differences in Huang's previous testimony on important details such as how he met Wang Longchang, the time and place when the two met, and the time and method of delivering the bribe.

Wang Boqi explained that the original purpose of the tainted witness system was to encourage those involved in the case to reveal criminal facts that are not easily discovered. In particular, major crimes are often secretive and it is difficult for outsiders to obtain evidence. Through the confessions of those involved, it can assist the investigation in discovering crimes and tracing other accomplices. Therefore, the system itself has a positive function.

Wang Boqi said that this system also has risks. Because witnesses may confess to other people involved in the case in exchange for reduced sentences or other favorable treatment, there may be incentives to falsely accuse others for their own benefit. They may even be imprisoned because of their own grievances. "Anyway, the worst is to be imprisoned. If you can get a reduced sentence by biting someone out, then take a gamble." Therefore, the credibility of the tainted witness's statement needs to be tested by other objective evidence.

Wang Boqi further pointed out that prosecutors bear the burden of proof in how the court selects evidence and forms free testimonials, and the court should also investigate relevant evidence and judge the probative force; even if the defendant puts forward multiple pieces of evidence that is favorable to him, if the court ultimately chooses not to accept it, the key will be back to the judge's process of forming free testimonies and whether the reasons are sufficient. However, free testimonials are not unlimited. If there is objective evidence that is beneficial to the defendant in the case, the court should still fully investigate and explain why it is accepted or not accepted.