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20141102 FOOD SCANDAL: Experts note history of eased jail terms
Taiwan Impression -
作者 Taipei Times   
2014-11-02

FOOD SCANDAL: Experts note history of eased jail terms

SHRINKING SENTENCES: Legal experts said that the precedents set in prior cases could see Ting Hsin Group executive Wei Ying-chun serve fewer years if convicted

By Wu Wei-kung, Chen Ping-hung and Jake Chung  /  Staff reporters, with staff writer


Ting Hsin International Group executive Wei Ying-chun, right, is returned to the Changhua Detention Center early on Friday morning after the Changhua County District Court ruled that he must remain in custody.
Photo: CNA


While the public might welcome Thursday’s request from the Changhua County District Prosecutors’ Office for a 30-year prison term for Ting Hsin International Group (頂新國際集團) executive Wei Ying-chun (魏應充) for his role in the cooking oil scandal, observers said the diminished punitive measures during a previous case concerning Chang Chi Foodstuff Factory Co (大統長基) demonstrate that the final ruling could fail to meet public expectations.

The Changhua County Prosecutors’ Office sought heavy penalties for then-Chang Chi president Kao Chen-li (高振利): 30 years in prison and the confiscation of what they called illegal gains amounting to NT$1.85 billion (US$60.69 million). The first ruling instead sentenced Kao to 16 years and a fine of NT$50 million, which withered to 12 years and NT$38 million in fines in the second and final ruling.

While Kao is serving his sentence, he is expected to be eligible for parole after six years, legal experts said.

Changhua County Councilor Lin Wei-hao (林維浩) said that the diminishing fines and prison sentence for Kao would not deter the spread of adulterated food oil and was a laughing stock to immoral businesspeople who continue to challenge the government’s determination to maintain the law.

Lawyer Chao Hui-ju (趙惠如) said that there was quite a bit of “wiggle room,” as Wei is being prosecuted on 139 counts of alleged fraud and three counts of alleged forgery and adulteration.

The judge’s definition of fraud may — or may not — coincide with the prosecutors’, and it is possible that the judge could combine what prosecutors see as several counts into one instance of fraud, Chao said.

Each fraud charge carries a maximum of five years in prison, while each second-class fraud carries a maximum term of seven years, Chao said, adding that if the judge combines counts, it is very possible that Wei could be given just a few years in prison in convicted.

Changhua County resident Hung Chang-cheng (洪章程) said that, if Kao was able to receive a lesser sentence, it is possible that Wei could receive similar “special treatment” as well, adding that the government could wait until the scandal has faded from public memory before attempting to lighten Wei’s sentence.

Consumers’ Foundation legal supervisor Hsu Tse-yu (徐則鈺) said that past incidents, including the Flavor Full Co (富味鄉) receiving deferred prosecution, suggested that Wei’s final sentence may be lighter than expected.

Hsu said that both Flavor Full and Ting Hsin were represented by lawyer Luo Feng-yin (羅豐胤) and that his defense strategy could be the same, but added that if the judge allows Wei to post bail, there could be more food safety incidents in the future.

source: Taipei Times


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