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May 17, 2018: MOJ's Response to Nationals involving Telecom Fraud in Spain Transferred to Mainland China
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It is reported that the Spain government surrendered two of the 219 Taiwanese suspects committed telecom fraud crime in Spain to China according to the judgment of National Court and the extradition treaty between China and Spain. MOJ feels sorry about this and describes as follows:
- Since this event happened at the end of 2016, MOJ has submitted mutual legal assistance request to Spain several times in order to get some relevant evidence. However, the Spain government has not responded yet, and the follow-up investigation in Taiwan is blocked. During the extradition process, MOJ worked with MOFA to draft some legal advice to Spain for a reference. MOJ also expressed that the Spain government should surrender Taiwanese suspects to Taiwan according to our extradition request through the representative office. However, the Spain government still extradited 2 Taiwanese Nationals to China. MOJ feels regretful about this.
- During the detention of people involved in Spain's case, MOFA and the representative office have made every effort to ensure that they have the relevant litigation rights.
- Cross-strait telecom fraud crimes involved complex cross-regional and transnational factors. If only one country investigates such kind of crime, the depth and breadth of investigations are insufficient so that it will make the main suspect and other accomplices go unpunished, and it does not help the tracing of criminal proceeds. It is even more challenging to prevent criminal groups from continuing to commit crimes.
- Two Taiwanese suspects have been sent to Mainland China, and their liberty has been restricted. To protect the personal safety and relevant litigation rights of these two persons, MOJ asked the China government to inform the situation and help the offenders’ families visit them according to Art. 12 of Cross-Strait Joint Crime-Fighting and Judicial Mutual Assistance Agreement.