The female teacher refused to interrogate and was arrested by the police for "big excision". The judge sentenced the police officer surnamed Ye for 2 crimes.
Lawyer: Think about whether the legal requirements are met before the interrogation to avoid law enforcement anti-lawsuit
[Reporter Wu Zhengfeng/Taipei Report] Under what circumstances can the police interrogate people?
Weng Weilun, director of Boheng Law Firm, said that the police can only exert coercive force when the public reveals the appearance of a crime; Wang Jietuo, director of Guanxi Technology Law Firm, pointed out that the police should consider whether they meet the legal requirements before taking action.
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Weng Weilun said that the police should conduct interrogation in accordance with the "Law on the Exercising of Police Powers". If people have the appearance of committing a crime, they can be arrested in accordance with the provisions of the Criminal Procedure Law.
What is a criminal appearance?
In addition to active criminals, those whose behavior is obviously related to crimes can also be arrested, such as being covered in blood, holding a knife in their hands, smelling of drugs, running away when they see the police, or being in a trance and suspected of taking drugs, etc., are sufficient to meet the statutory requirements In addition, if the public is in danger of self-injury or injury to others, the police can also impose coercive force in accordance with the Mental Health Law to avoid harm.
Weng Weilun emphasized that if the police interrogate the people and are rejected, if they do not meet the requirements for arrest in the criminal procedure law or emergency detention requirements in the administrative law, the interrogation should end and they should not be suppressed to the ground, lest law enforcement will lead to lawsuits.
He explained that the police can’t “sweep everything” and stop every car, and only when they see the driver or the car is suspected of a crime, such as smelling of alcohol or containing a drug inhaler, can they stop the road inspection. Ask the other party to get out of the car and accept interrogation.
Wang Jietuo pointed out that the police interrogation can only take less intrusive actions such as identity verification, and when the public is not suspected of a crime, they are not allowed to impose coercive force on them, and they have no right to conduct searches; For example, it can be known that when people are being interrogated, if they behave normally and have no suspicious appearance of attacking or speeding away, the police cannot initiate identity checks, restrict personal freedom, or even suppress them in accordance with the Law on the Exercise of Police Powers.
Wang Jietuo reminded that the Law on the Exercise of Police Powers has very detailed regulations on the procedures and requirements of police interrogation. The police also conduct education and training from time to time to protect the rights and interests of both the police and the people. , you should first think about whether it meets the statutory requirements, and then decide whether it is necessary to impose coercive force.