Stricter 'embezzlement' standard leads court to cut Chen's sentence
ROC Central News Agency
2010/06/11 21:00:23
Taipei, June 11 (CNA) The Taiwan High Court reduced the sentence of former President Chen Shui-bian and his wife on appeal in a corruption case because it used a tighter standard than a lower court in defining what constituted "embezzlement," the court said Friday.
Chen and wife Wu Shu-jen were found guilty last September by the Taipei District Court of embezzling more than NT$100 million (US$3.09 million) from a special state affairs fund, receiving bribes worth NT$870 million, and laundering part of the money through Swiss bank accounts.
After Chen and Wu appealed the verdict, the Taiwan High Court upheld the convictions Friday but reduced their life sentences to 20 years in prison after concluding the couple embezzled less from the state affairs fund than the district court had ruled, presiding judge Teng Chen-chiu said.
Unlike the district court, which found that the couple had siphoned off NT$100 million from the fund designated for the president's discretionary use for official purposes, the high court said the couple embezzled about NT$14 million.
The high court determined that part of the funds deemed by the district court as being misused were actually allocated to secret diplomatic missions and therefore went to appropriate public uses.
Other funds that went to cover expenses in the presidential residence were considered by the lower court to be embezzled were appropriately spent, the high court said, because the residence is an official entity.
The former first couple were given life sentences and fined NT$35 million each by lower court for the abuse of the state affairs fund, but the high court cut the sentences to 14 years and the fines to NT$20 million.
On the charges of taking kickbacks in a Longtan land deal, the former first couple saw their 20-year imprisonment shortened to 12 years in prison, but the high court maintained the couples eight-year sentences for taking bribes after helping a businesswoman land the Taipei 101 CEO post.
The 18-year prison term for Wu for her role in a Nangang Exhibition Hall construction kickback case was reduced to 16 years.
Only Wu had been indicted of money laundering charges and the high court meted out a seven-month prison term for the wheelchair-confined former first lady.
The high court combined the sentences to a total of 20 years in prison for Chen and Wu.
Chen and Wu's fines were also reduced to NT$170 million and NT$200 million, respectively, down from the original NT$200 million and NT$300 million.
The period for which each of them will be deprived of their civil rights was also shortened to 10 years from life.
Chen has adamantly insisted on his innocence, arguing that he is the victim of efforts by incumbent President Ma Ying-jeou to punish him for his pro-independence stance.
According to his lawyer, Chen accepted the high court ruling with mixed feelings.
"He was not pleased by the ruling and believes he should have been acquitted, " said Shih Yi-lin. "But he also believes he has a good chance on the next appeal to the Supreme Court, so he was not especially upset." Prosecutors from the Special Investigation Division under the Supreme Prosecutors Office said they will decide whether to appeal the reduced sentences after receiving the high court ruling. (By An Chih-hsien and Sofia Wu) enditem/ls
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