Zhan Huiling, a female djembe teacher, accused the police of illegal interrogation and arrest. The Taoyuan District Court sentenced the police officer surnamed Ye to 4 months and 6 months in prison for 2 crimes.

(file photo)

[Reporter Yu Ruiren/Taoyuan Report] Zhan Huiling, a female djembe teacher, was interrogated on April 22, 2021 by a police officer surnamed Ye from the Xingguo Police Station of the Zhongli Police Sub-bureau. The department sent it back to the Taoyuan District Prosecutor's Office for further investigation and then reversed it. The prosecution prosecuted Ye Yuan for the crime of obstructing freedom under the guise of a civil servant taking advantage of his position.

After the trial of Taoyuan District Court, Ye Yuan was sentenced to 4 months in prison for the crime of coercion by public servants under the pretense of taking advantage of his position, and a fine of 1,000 yuan will be converted into one day if he is subject to a fine; The crime of liberty shall be sentenced to six months in prison.

Appealable.

After Zhan Huiling learned of the verdict, she posted a post on her personal Facebook late last night to thank the judge for upholding justice, as well as all the friends who accompanied, supported, and supported the lawsuit.

Please read on...

The reason for the judgment of the Taoyuan District Court pointed out that after the judge inspected the screen of the secret recorder and the surveillance camera at the intersection when Ye Yuan was on duty, Zhan was walking alone on the outside of the public road at that time. , intoxication, or other signs of specific danger to life or body, nor openly carrying contraband, weapons, inflammables, explosives, or items that appear to be stolen goods, or other signs of participating in or about to commit a crime, let alone The third person with the above-mentioned behaviors and symptoms had an interactive relationship, and Ms. Zhan did not walk out of the crime scene. When Ms. Ye was stopped by Ms. Zhan for interrogation, Ms. Zhan did not attack or collide except for questioning the legal basis for Ms. Ye’s interrogation. The behavior of the police or accelerated escape is difficult to recognize as meeting the requirements for verification under Article 6, Paragraph 1, of the Act on the Exercising of Police Powers.

The verdict pointed out that Ye Yuan still blocked Ms. Zhan from leaving with her body at that time, and asked her to wait for the support police to arrive at the scene and go to the police station to check her identity. This behavior constituted a violent violation of Ms. Zhan’s right to freedom of movement; The prosecution has committed the crime of coercion first, and it is not "executing duties according to the law". Under this context, when Zhan's freedom of movement was illegally violated, she commented on Ye Yuan's illegal behavior: "It's really stupid", " What you are doing violates your job" and other words, which belong to the speeches of defending one's own rights and reasonably commenting on the illegal behavior of civil servants, and are not intended to belittle Ye Yuan. His remarks do not constitute the crime of obstructing public affairs under Article 140 of the Criminal Law. Ye Yuan Since there is no power to arrest the current criminal, Ye Yuan suppressed Zhan to the ground, then arrested and handcuffed her, and brought her back to the Xingguo Police Station. It is difficult to believe that this is an act of lawful performance of duties, and there is no way to stop her criminal intent and illegality.

The judge judged that Zhan, as a police officer, should behave properly, abide by the law, and avoid using illegal coercive force on innocent people, but he did not think about fulfilling his duty to protect the rights of the people. He took advantage of his position on duty to treat normal passers-by , used physical obstruction to conduct illegal interrogation, which hindered Ms. Zhan from exercising her right to freedom of movement; what's more, Ye Yuan illegally blocked and interrogated Ms. Zhan first, but illegally arrested her and deprived her of movement under the pretext of obstructing public affairs. Liberty caused Ms. Zhan's body to be injured. In addition to causing Ms. Zhan's loss, it also seriously affected the people's trust in the police and damaged the image of the police. Forgiveness or compensation for damages, the attitude after committing the crime can hardly be called good, etc., but Mr. Heng Ye has no criminal record, and it is recognized that his behavior is not bad, so he is divided into 2 crimes and sentenced to 4 months and 6 months in prison.