Greedy Gorrupt 陳水扁 could get out of jail!

[uncleyap]

After life sentenced 陳水扁 could still be freed! :oIo:
His greedy vain wife still not yet behind bars.

http://tw.news.yahoo.com/article/url/d/a/091009/4/1smgz.html

最高院：扁有隨扈 虞逃待商榷

<label> </label> 更新日期:<q>2009/10/09 03:15</q> 郭良傑／台北報導
中國時報【郭良傑／台北報導】


陳水扁抗告成功，最高法院昨天撤銷原羈押裁定，發回高院更裁。最高法院指出，高院未說明陳水扁非羈押不可的依據及認定理由，僅籠統認定陳水扁海外尚有鉅額資金，未具體敘明依何項卷證，且陳水扁有國安人員跟隨，是否有逃亡可能，尚有討論餘地。


扁家四大案與追加起訴部分一審宣判後，前總統陳水扁被判無期徒刑，台灣高等法院九月二十四日召開移審庭裁定繼續羈押三個月，陳水扁提起抗告，最高法院昨日裁定駁回二審高院裁定。


最高法院認為，高院原裁定認為陳水扁應予以羈押，已說明他的犯罪嫌疑重大，認為有事實足認為有逃亡之虞，且所犯的是無期徒刑或最輕本刑為五年以上有期徒刑之罪，但對為何一定要羈押，否則就難以進行審判或執行，沒有說明所憑的依據及認定理由，尚嫌理由不足。


其次，原裁定僅籠統稱依卷證所示，陳水扁海外尚存有鉅額資金，所涉洗錢行為，被國際洗錢防制組織發現後，仍有隱匿資金，但原裁定未說明是依何項卷證，這項認定並不洽當。


原裁定指陳水扁曾任總統，熟稔外交管道，較一般人更熟悉潛逃方法，何況陳水扁一審被判處無期徒刑，更被諭知追繳鉅額犯罪所得，益增加逃避法院裁判的可能性，堪認有逃亡疑慮。


最高法院認為，陳水扁是卸任總統，依禮遇條例，他享有國安局提供安全護衛八至十二人，他的出入既有國安局隨扈跟隨，即使熟悉潛逃方法，是否有逃亡的可能，不無再討論研究餘地。抗告指原裁定不當，非無理由，應予以撤銷，發回高院做更適法的裁定。

 

[Robert Half]

Life sentence is too harsh. Ruling KMT is taking political revenge on Ah Bian.
Ah Bian did not bring down Taiwan, ROC.

How about the good things that Ah Bian done for the country ?

CCP & KMT both are equally corrupted only there covered up when their senior officers ate $$$

 

[uncleyap]

Life sentence is too harsh. Ruling KMT is taking political revenge on Ah Bian.
Ah Bian did not bring down Taiwan, ROC.

How about the good things that Ah Bian done for the country ?

CCP & KMT both are equally corrupted only there covered up when their senior officers ate $$$

Everyone knows that he & his family will get presidential pardon when election is near.

Every presidents including Hitler & Saddam also had done some contributions. This is even true for Old Dog Thief LKy. :p

We should force greedy corrupts to make another extra contribution by becoming the examples of harsh punishment in order to educate & warn future potential corrupts and bastards. This is MY strategy.

 

[uncleyap]

Crazy Ah Bian is betraying national security secrets as sovereignty! :oIo:

http://tw.news.yahoo.com/article/url/d/a/091009/17/1sn8v.html

扁爆總統脫逃管道！藍委：他瘋了、抱LV皮箱飄出去較可能

<label> </label> 更新日期:<q>2009/10/09 10:11</q> 記者顏真真／台北報導
<table class="left" cellspacing="0"> <tbody><tr><td><label> </label></td></tr> </tbody></table>高等法院9日凌晨裁定繼續羈押前總統陳水扁，不過，陳前總統在羈押庭上卻爆料指出，現任總統有兩個脫逃管道，此話一出引發爭議。國民黨立委羅淑蕾今日上午更直指，「把這麼機密的事赤裸裸公布出來，應追加一條洩密罪」，還批陳前總統「真的瘋掉了」，「他到底在想什麼，要做這麼愚蠢的事，他應該抱LV皮箱飄流出去，可能比較可行。」


陳前總統在高院二開羈押庭中採哀兵姿態，再次懇求合議庭讓他交保，不僅再提出戴電子腳鐐等7項停押附加替代條件，他全部接受，甚至表示，只要能交保，合議庭還可行文國安局，將他每日行程和會見對象逐日詳實紀錄，在最後陳述更爆料，總統只有兩條脫逃管道，反駁高院上次羈押理由中，提到他身為卸任總統，比一般人更為知悉潛逃方法。


陳前總統指稱，國安人員曾經告訴他士林官邸和衡山指揮所是連在一起，指揮所有一個停機坪，危急時可搭直昇機脫逃，不過，他也不忘表示，那是故總統蔣中正時期使用的，他死了以後就沒有用，我身為卸任總統用不到。


扁還透露另一條總統脫逃管道，就是總統府與國防部中間的博愛路地下是相通的，可以從總統辦公室直通國防部的頂樓停機坪，但他也不忘強調，那是現任總統用的，已卸任的他怎麼可能逃跑。


對於陳前總統的爆料，國民黨立委羅淑蕾上午就直批，「把這麼機密的事赤裸裸公布出來，應該再追加一條洩密罪」，羅淑蕾甚至還直指，「阿扁真的瘋了，他到底在想什麼，要做這麼愚蠢的事，他應該抱LV皮箱飄流出去，還比較有可能。」

 

[Robert Half]

Everyone knows that he & his family will get presidential pardon when election is near.

Every presidents including Hitler & Saddam also had done some contributions. This is even true for Old Dog Thief LKy. :p

We should force greedy corrupts to make another extra contribution by becoming the examples of harsh punishment in order to educate & warn future potential corrupts and bastards. This is MY strategy.

Then all ruling parties leaders in Asia fall under your named categories

Anyway Ah Bian & DPP did have contribution to Taiwan, ROC unlike the inefficient ruling KMT.
KMT dilly-dally way of doing things caused more death in Yunlin County.

Typhoon Morakot prove that KMT is slow & weak to react in natural disaster & unable to save life of it fellow Taiwaneses

 

[uncleyap]

Then all ruling parties leaders in Asia fall under your named categories

Anyway Ah Bian & DPP did have contribution to Taiwan, ROC unlike the inefficient ruling KMT.
KMT dilly-dally way of doing things caused more death in Yunlin County.

Typhoon Morakot prove that KMT is slow & weak to react in natural disaster & unable to save life of it fellow Taiwaneses

Correct!

In addition, Ah Bian is out of his mind the way he had dealt with these funds. He could had LEGALLY formed a political fund, e.g. 阿扁政治基金 or something alike. Then openly manage it and openly operate it as well as openly accept donations.

That is if he don't want to share these money with DPP party and wanted to keep DPP away from these funds.

However, bloody greedy 扁家 corruptly laundered these huge funds, in ways no different Mafia & Criminal Syndicates.... that's how he got his ass behind bars!

Many politicians like Mr. 施明德 also got huge political funds, he managed it openly and legally as 新台湾文教基金会。 There is therefore nothing illegal and that is what 阿扁 should be doing.

His vain wife purchasing all those huge famous pieces of diamonds and luxurious watches... costing so many times above her husband's salary... and she is housewife 1st lady... How can be clean?

If Ah Bian knows how to launder money he should had 1st learn how to launder his own bloody greedy wife! :p

 

[uncleyap]

High Court still re-decided to remand Ah Bian although the Supreme Court decided to revoke the previously made remand order. So Ah Bian is still in jail.

http://tw.news.yahoo.com/article/url/d/a/091009/5/1smbn.html

最高法院罕見撤押 高院仍押扁

<label> </label> 更新日期:<q>2009/10/09 00:17</q>
(中央社記者賴又嘉、安芷嫻台北9日電)最高法院昨天撤銷台灣高等法院羈押前總統陳水扁裁定，高院昨晚重開庭，經過近6小時庭訊，高院凌晨裁定，繼續羈押陳水扁。


最高法院昨天撤銷高院羈押陳水扁的裁定。最高法院認為，如何認定陳水扁會隱匿海外鉅資、比一般人更熟潛逃方法，高院都沒說清楚，要求高院重新裁定。
由於最高法院主要屬法律審，鮮少涉及事實審的層面，也因此最高法院很少就羈押抗告，做出與高院不同見解。最高法院今天撤銷高等法院羈押裁定，司法實務上相當罕見。981009

 

[Robert Half]

Correct!

In addition, Ah Bian is out of his mind the way he had dealt with these funds. He could had LEGALLY formed a political fund, e.g. 阿扁政治基金 or something alike. Then openly manage it and openly operate it as well as openly accept donations.

That is if he don't want to share these money with DPP party and wanted to keep DPP away from these funds.

However, bloody greedy 扁家 corruptly laundered these huge funds, in ways no different Mafia & Criminal Syndicates.... that's how he got his ass behind bars!

Many politicians like Mr. 施明德 also got huge political funds, he managed it openly and legally as 新台湾文教基金会。 There is therefore nothing illegal and that is what 阿扁 should be doing.

His vain wife purchasing all those huge famous pieces of diamonds and luxurious watches... costing so many times above her husband's salary... and she is housewife 1st lady... How can be clean?

If Ah Bian knows how to launder money he should had 1st learn how to launder his own bloody greedy wife! :p

Ah Bian corrupted did not caused any Taiwaneses to die but KMT has.

Anyway his wife being a first lady can also buy whatever luxury goods she want. Right

 

[uncleyap]

I am intolerable toward political corruptions in any form. Particularly from the TOP pinnacle of a nation.

The culprits can shamelessly claim to be not in the wrong or caused only little harm or like famiLEE LEEgime claimed to be CLEAN. That does not change the necessity to remove and punish them.

Ah Bian indeed had made positive contributions in significant ways, and there are valuable aspects I had learned from his reform and fightings. There is no doubt about these. However, when he reached the pinnacle of power, his family (comparable with famiLEE) scooped billions of dollars in greedy and corrupted ways, laundered the money like criminal syndicates, and then spent in lavished and vain ways.

The reflection is totally not in line with a political reformist who is with integrity; resolve; vision; passion and sacrifies... SAD for his current state.

If he didn't do this corruption, I would had highly recommanded Singaporeans to invite him over to Singapore and share his valuable experience of reform and political fights with our citizens and fighters.

After corrupted $$$$ like this, he had wiped off his past merits and previously earned respect. Greed destroyed him. His wife's greed added extra.

I can list at least so many politicians whose wives grapped lots of $$$$

1. Suharto
2. F Marcos
3. Mugabe
4. Lee Deng Hui
5. Ah Bian
6. Ah Bian's son but he don't have public office
7. LKy
8. Ass Loong son comparing above pair of father & son (Jinx)
9. Thug-sin
10. Roh Moo-Hyun jumped cliff to his death after his wife took $$$$

Lee Deng Hui's wife shipped 45 suitcases of US$ cash to LAX airport from Taipei after KMT regime fell to Ah Bian.

LKy went on national TV live to tell how rich is his wife with Lee & Lee law frim & other business, after his son's HPL scandal broke out.

Robert Mugabe's wife spent lavishly in many huge squandering shopping tripes in Orchard and HK etc, and beat up reporters / photographers who were taking pics of her.

I can tell you that most of the wives of Myanmar junta also corrupted. There are many many more. In PRC it had always been easier to bribe wives of originally clean officers, because the wives are BACK DOORS of corruption. When officers refused to accept $$$$ they sent the big gifts & cash to his wife and informed officers that their wives had accepted bribes and then officers become obligated, especially when their wives refused to return the attractive gifts or had already spent the bribe $$$$. Once this got started, the 2nd and 3rd times ..... will follow, you can no longer deny nor reject, because you are already not clean, you are a corrupt officer already. In the end in PRC they usually solve the problem with a bullet to the skull, that is called firing squad.

 

[CNY_OX09]

but then those taiwanese in the southern part still treat him as their god.
no matter what he did,they just support n follow him blindly.

 

[Robert Half]

but then those taiwanese in the southern part still treat him as their god.
no matter what he did,they just support n follow him blindly.

Democracy mah

 

[uncleyap]

Democracy mah

If democracy will help corrupts to get away, I will fight against democracy also.

Fortunately, it don't look like Ah Bian can get out of jail now:

http://tw.news.yahoo.com/article/url/d/a/091017/4/1t57x.html

大法官：扁案更換法官重罪羈押 都不違憲

<label> </label> 更新日期:<q>2009/10/17 03:23</q> 郭良傑、王己由、陳志賢／台北報導


中國時報【郭良傑、王己由、陳志賢／台北報導】


大法官會議十六日作成六六五號解釋，包括扁案併案換法官審理、重罪羈押及檢察官在審判中的抗告權等三點，都不違憲。惟重罪羈押部分，做出合憲限縮解釋，未來法官要以重罪羈押被告，必須同時審酌有無逃亡、滅證等羈押要件，不能單以涉犯重罪為羈押的唯一要件。


大法官會議解釋原本是陳水扁冀望脫困的最後一張王牌，大法官昨天做出的解釋，扁等同全面敗退。另外，扁聲請停止審理換回周占春法官承審，及聲請停止羈押等暫時處分，因大法官認定併案審理換法官並沒有違憲，且訴訟中隨時可聲請停押，故不必審酌，全部駁回。


司 法院祕書長謝文定指出，有關重罪羈押合憲限縮的解釋，大法官主要是從羈押的必要性作進一步的闡明，也有提醒實務界不能單純用重罪審酌羈押。未來凡是犯重 罪，且可能有逃亡、串證之虞，也沒有刑訴法一一四條懷孕、生產、重病等消極條件，為確保未來偵查、審判和判決確定後的執行，才符合羈押規定。


扁不滿北院併案將周占春庭換成蔡守訓庭，且遭重罪羈押，質疑北院違反「法定法官原則」，聲請大法官會議解釋併案換法官、重罪羈押、檢察官有無抗告權等三項釋憲內容。


大 法官會議認為，北院依該院刑事庭分案要點第十點及第四十三點規定併案，該併案程序的設計，不影響審判公平與法官對於個案的判斷，也沒有恣意變更承辦法官或 以其他不當方式干涉案件分配作業的可能，屬合理及必要的補充規範，與憲法第十六條保障人民訴訟權及八十條法官依據法律獨立審判的意旨，尚無違背。


至於刑訴法第一○一條第一項第三款重罪羈押合憲限縮解釋部分，大法官會議認為，單以犯重罪作為羈押要件，可能背離羈押作為保全程序的性質，對刑事被告武器平等與充分防禦權行使上的限制，即可能違反比例原則。


另外無罪推定原則不僅禁止對未經判決有罪確定的被告執行刑罰，也禁止僅憑犯罪嫌疑就給予被告類似刑罰的措施，若以重大犯罪嫌疑作為羈押的唯一要件，作為刑罰的預先執行，亦可能違背無罪推定原則。


大法官認為，基於憲法保障人身自由的意旨，被告犯嫌重大者，仍應有相當理由認為他有逃亡、湮滅、偽造、變造證據或勾串共犯或證人之虞，法院斟酌命被告具保、責付或限制住居等侵害較小的手段，都不足以確保追訴、審判或執行程序的順利進行，才符合重罪羈押的規定。


至於檢察官在審判中對法院裁定停押得提抗告部分，大法官會議認為，檢察官依刑訴法第三條規定是當事人之一，對審判中法院所為停止羈押的裁定，自得提起抗告，並未妨礙被告在審判中平等獲得資訊的權利及防禦權的行使，自無違反武器平等原則。

 

[Robert Half]

OK if Ah Bian deserved to be punish but why not Lee Deng Hui & his wife
Because LDH is from KMT so KMT covered up for him.

A pity Ah Bian is from DPP...KMT political enemy.

Since the Chinese Nationalist Party (KMT) regain power, Taiwanese suffer a lot.
A trade pact to be sign between KMT & CCP that may cause 80,000 Taiwanese to lose their jobs.

The Pan-Blue Coalition with President Ma, Lien Chan & that James Soong (People First Party) all these are not competent enough to run the country & many Taiwanese dies in natural disater Typhoon Morakot &
now Taiwanese is going to lose jobs :(

 

[uncleyap]

OK if Ah Bian deserved to be punish but why not Lee Deng Hui & his wife
Because LDH is from KMT so KMT covered up for him.

A pity Ah Bian is from DPP...KMT political enemy.

Since the Chinese Nationalist Party (KMT) regain power, Taiwanese suffer a lot.
A trade pact to be sign between KMT & CCP that may cause 80,000 Taiwanese to lose their jobs.

The Pan-Blue Coalition with President Ma, Lien Chan & that James Soong (People First Party) all these are not competent enough to run the country & many Taiwanese dies in natural disater Typhoon Morakot &
now Taiwanese is going to lose jobs :(

It is ABSOLUTELY NECESSARY to nail 李登辉's ass ASAP, because of his age. Don't wait until he die like Suharto & Marcos. This is the same reason that LKy old dog thief have to be nailed ASAP.

For KMT, 李登辉 is an internal traitor aka 叛党内奸， so all the more need to be nailed by 马英九 fast. If I was 马英九, my policy would be to fry the internal traitor first before I boil 陈水扁，who is an external enemy 外敌 to KMT.

先绝内奸後断外敌。

内奸不先除，外患即成绝症。
:(

 

[uncleyap]

Constitutional Court result for 陳水扁 case

http://tw.news.yahoo.com/article/url/d/a/091017/11/1t5r9.html


扁案釋憲出爐 扁律：利弊各半

<label> </label> 更新日期:<q>2009/10/17 11:01</q>
<table class="left" cellspacing="0"> <tbody><tr><td><label> </label></td></tr> </tbody></table>扁案釋憲結果出爐，陳水扁委任律師鄭文龍隨後在扁辦召開記者會回應，鄭文龍說，釋憲文表面上看似扁全盤挫敗，但實際上得失參半，至少大法官確定了法定法官原則，以及羈押必備要件，未來再度面臨羈押庭時，可以作為律師攻防的後盾。


大法官釋憲結果終於出爐，陳前總統委任律師認為利弊各半，不能算全盤皆輸，雖然從法官周占春換蔡守訓的程序，被認為合憲，鄭文龍卻肯定大法官，明確解釋四大羈押要件，讓之後再面臨羈押裁定的法官及被告，有所適從保障人權。


只是這等了許久的釋憲案，鄭文龍卻覺得有點不完整，包括大案併小案等，引發外界爭議的要點，還是讓人霧煞煞搞不清楚，鄭文龍說，要再提補充解釋，就算不為扁案，也要把司法的模糊地帶，逐一釐清。

 

[leetahbar]

let's stay closer to home. would u be going to jail again this time and fast? or pay the fine and rant? or both, ie, pay fine for short jail stay...and yes, fast while inside there?

 

[Robert Half]

It is ABSOLUTELY NECESSARY to nail 李登辉's ass ASAP, because of his age. Don't wait until he die like Suharto & Marcos. This is the same reason that LKy old dog thief have to be nailed ASAP.

For KMT, 李登辉 is an internal traitor aka 叛党内奸， so all the more need to be nailed by 马英九 fast. If I was 马英九, my policy would be to fry the internal traitor first before I boil 陈水扁，who is an external enemy 外敌 to KMT.

先绝内奸後断外敌。

内奸不先除，外患即成绝症。
:(

You sounded like you are very pro-CCP leh


李登辉 & 陈水扁 are pro-independence & good Presidents for ROC

 

[uncleyap]

You sounded like you are very pro-CCP leh


李登辉 & 陈水扁 are pro-independence & good Presidents for ROC

Between PRC & ROC my standing is they are just front and back sides of our hand, aka 手心是肉手背也是肉。But I am against separatism in general. I am not pro-CCP nor KMT nor DPP, my position will be ISSUE BASED, not CAMP BASED nor NATION BASED nor PARTY BASED.