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More effective prosecutors needed
The search by Tainan District prosecutors of National Cheng Kung University (成大) dormitories on April 11 has been the subject of much controversy. Meanwhile, Minister of Justice Chen Ding-nan's (陳定南) announcement of a reshuffle of 21 prosecutors general nationwide -- including three high court and 18 district court prosecutors general -- has led to strong protests by many prosecutors.

Looking back at the prosecutors' recent performance, one cannot help feel worried about Taiwan's prosecutorial system. The general public longs for public order. The last thing people want to see is the nation's prosecutors, and, in fact, the entire prosecutorial system, becoming the focus of such a controversy.

The prosecutors' search for MP3 music files downloaded by university students is confusing to many of us. How could they proceed to seize student computers containing MP3 files when not even the prosecutors themselves were sure about the illegality of downloading MP3 files? I am not suggesting that university dormitories cannot be searched. Even if these students had indeed downloaded MP3 files, however, their conduct would not be considered a serious crime at all. Under the circumstances, one is bound to question the prosecutors' eagerness to launch such an unprecedented and high-profile search. If the prosecutors simply made a poor judgement in the MP3 case, one is bound to worry whether they are capable of effectively handling the much more complicated "black gold" crimes.

What is more confusing is the impulsiveness underlying the action of our prosecutors. After Chen's announcement of the large-scale reshuffle of 21 prosecutors general, local prosecutors not only turned emotional but some even threatened to drop out of the Ministry of Justice's special investigation team. How can such impulsive prosecutors handle their cases well?

It is not only in a small number of cases that doubts arise over prosecutors' judgement and impulsiveness. During the past year, prosecutors' actions have frequently led to controversy. When dealing with certain high-profile cases, prosecutors have seemed willing but unable to do anything, and sometimes they have even made things worse by acting impulsively. On the other hand, they have sometimes acted extremely tough when facing relatively weak targets. No wonder the people of Taiwan are confused.

If these problems are the result of organizational shortcomings, or weaknesses in the leadership of the justice ministry, the ministry must try to understand the problems and to rectify them. Since Chen is a man with a straightforward personality, the prosecutors should be able to talk to him and make suggestions in person without having to stir up trouble or attack Chen verbally.

In addition, the media should report these issues accurately and not twist the truth, so that they don't provoke trouble.

Chiu Hei-yuan is director of the Institute of Sociology at the Academia Sinica.

Translated by Eddy Chang

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