Music teacher Zhan Huiling (right) accused the police of illegal interrogation and arrest. The Taoyuan District Court sentenced the police officer surnamed Ye to April and June for two crimes.

(file photo)

[Instant News/Comprehensive Report] Zhan Huiling, a music teacher who teaches African drums, was interrogated by a police officer surnamed Ye who abused his power on the streets of Zhongli District, Taoyuan City on April 22, 2021. , the Taoyuan District Prosecutor's Office reversed the investigation after continuing the investigation, and prosecuted the crime of obstructing freedom by a civil servant under the guise of his position, and was sentenced recently.

In this regard, Internet celebrity lawyer "Ba Mao" is also popularizing science on fans, teaching ordinary people how to prevent "illegal interrogation".

"Lawyer Ba Mao" posted on the Facebook fan page that seeing the verdict is really satisfying. She pointed out that because the policeman surnamed Ye is a civil servant, the crime will be aggravated according to Article 134 of the Criminal Law as a civil servant, so the maximum penalty It has been more than 5 years, and there is no penalty for fines according to the law. "If the final decision is made, this policeman will go to jail."

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"Lawyer Ba Mao" also mentioned the origin of the requirements for the interrogation. Regarding the story of the judge Shizi No. 535, there was an old man who was walking on the road. When he was interrogated by the police, he wanted to check his ID card. The old man thought he was just walking and was unwilling to cooperate. The police, as a result, were illegally and forcibly searched. "Beibei scolded the police in a fit of swearing, and was accused by the police of insulting civil servants, and his sentence was finally suspended. This case finally entered the Constitutional Interpretation. The judge believed that it is wrong to casually interrogate the people and ask for identity checks." unconstitutional".

"Lawyer Bamao" said that Article 6, Item 1, of the Act on the Exercising of Police Powers was also enacted. However, Bamao also pointed out that the police can only interrogate if the objective facts are sufficient to warrant the investigation. "It is not the subjective opinion of the police. I just think he is not kind, or if I see something wrong with his eyes, I can interrogate him."

Bamao added that even if it is a legal interrogation, the police can’t do everything, they can only check the identity, they can’t search the body or car, if you want to search, you must have a search ticket, and if you don’t have a search ticket, you must be eligible for a no-ticket search requirements, "

So next time, if you encounter a random inspection, the police will somehow ask you to get out of the car and search your body to open your bag to show him, or ask you to open the trunk to show it, you can refuse.”

As for the possibility that some law-blind people will say: "Why are you guilty if you don't violate the law?" Ba Mao also gave an example and replied: "I just put a hundred jumping eggs in the rear compartment, so I don't want the police to see it, can't I? Please protect your privacy. The little policeman in your heart, please take care of yourself and don’t run out, please! Last reminder, if the police force you or irritate you during the inspection process, don’t get angry and curse at the other party or use hands, otherwise it may become an obstruction of official duties on the spot If you are an active criminal, the police can arrest you and conduct an incidental search on you, then you can search your body and car, which is terrible. What do you say that the police will not let you go if you do not agree to the search? Show him the verdict! If you say there is nothing to do, I will sue you for obstructing your freedom and you may go in and squat for six months. What do you think should be done?"