Facing the Generational Injustice within the Prosecutor System

Following the ruling party's defeat in the elections, many viewed it as a triumph for the Sunflower Movement and the youth—a roar against generational injustice. While the executive branch was disciplined by voters and the legislative branch awaits judgment next year, the judicial system alone seems unruffled and unscathed.

Yet, taking the Taipei District Prosecutors Office as an example, its investigations in recent years have been highly controversial. From the Chiang Kuo-ching case, Lien Hui-hsin case, Meihua Township case, Ting Hsin case, and the Ko campaign wiretapping case, to the investigation of the Sunflower Movement, the political interference has been glaringly obvious. Some subtly point to Chief Prosecutor Yang Chih-yu as the mastermind pulling strings from behind the scenes. Coupled with former Prosecutor-General Huang Shih-ming's explosive "comfort retirement," the prosecutor system has been continuously questioned and trampled upon ever since the September political strife. Superiors cause trouble while subordinates suffer the consequences, plunging the prosecutor system into a severe generational injustice.

Huang Shih-ming rushed to process his retirement just as the favorable conditions under the Judges Act took effect, disregarding prosecutorial dignity and refusing to wait for the court's verdict. He did so out of fear that a definitive guilty verdict by the court would result in his dismissal, or that a change in the Minister of Justice might lead to his suspension. He chose to retire first to secure his gains. The anxiety of potentially losing his payout starkly contrasts with the image of justice, integrity, and courage he continuously promoted. As the pinnacle of the prosecutorial leadership, destroying the dignity of prosecutors could not be done more thoroughly. With a Prosecutor-General like this, do prosecutors even need enemies?

In truth, Minister of Justice Lo Ying-shej bears the ultimate responsibility for giving Huang Shih-ming another opportunity to damage the prosecutorial image. Ordinarily, any prosecutor who is indicted and put on trial will inevitably face suspension prior to a final judgment. Since suspension prevents one from applying for retirement, how could all these disturbances have arisen?

If not for Minister Lo repeatedly shielding him, how could Huang Shih-ming have continued to stay at the Supreme Prosecutors Office after resigning as Prosecutor-General? One must realize that the position of Prosecutor-General carries immense power and weight, accompanied by guaranteed tenure. Any prosecutor with grand ambitions should treat the role of Prosecutor-General as their ultimate life mission. They should step down upon completing their term, leaving behind an admirable legacy. Returning to active prosecutor status is a manifestation of clinging to power and falls entirely short of the grand stature expected of a Prosecutor-General.

Furthermore, the Prosecutor-General is the highest-ranking official under the principle of the unity of the prosecution service, and successors are typically former subordinates of the "former Prosecutor-General." Taking Yen Ta-ho as an example, when Huang Shih-ming seeks to retire, can his "former subordinate" "reason with him," urging him to prioritize "prosecutorial dignity" and "exercise forbearance"? Minister Lo protects her own with self-righteousness, frequently makes gaffe-ridden statements, unconsciously interferes in individual cases, and generates endless controversy. If she is retained in office after the Cabinet's general resignation, it will undoubtedly cause the dignity of the prosecutorial system to continuously hit new lows.

In addition, in many high-profile cases handled by the Taipei District Prosecutors Office, the will of Chief Prosecutor Yang Chih-yu has dictated the direction of the investigations. Yet, those whose names appear publicly and who face external skepticism and flak are invariably the frontline handling prosecutors. Reflecting further on the former Chief Prosecutor Chen Shou-huang—who was implicated in lobbying—alongside his subordinate Prosecutor Huang Hsiu-tao who failed in her attempt at self-preservation, and former Minister Tseng Yung-fu who fell out of favor with Huang Shih-ming and was inexplicably ousted.

These facts all prove that while the turbulence is clearly stirred up by the heads, the prosecutorial system as a whole is made to suffer collectively. Even worse, the frontline prosecutors are left to shoulder the blame for responsibilities that rightfully belong to their superiors. Young prosecutors in particular, despite being the brightest talents, find their career space compressed under the dual constraints of closing-case pressures and upper-level evaluations, leaving them to sigh in despair while bearing the undeserved reproach.

This election has brought societal generational injustice into the spotlight. It is finally time for the generational injustice within the prosecutor system to be squarely faced as well.