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馬英九教唆洩密無罪 高院理由曝光
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2019年7月12日 下午2:10
社會中心／綜合報導 【 07/12 11:19 發稿 ｜ 12:44 更新：新增影音 】
前總統馬英九涉嫌教唆洩密，之前一審宣判無罪，但二審被判有期徒刑四月，上訴到最高院後發回高院更審，今天高院更審改判定馬英九無罪確定，高院發言人連育群也說明原因，認為檢察官提出的證據，不足以證明馬英九有教唆洩密，因此判決無罪。
▲前總統馬英九（資料照／記者邱榮吉攝影）
整起案件發生在2017年3月，北檢指控，前檢察總長黃世銘於2013年8月31日，向當時的總統馬英九報告柯建銘「全民電通更一審關說等案偵查內容」、以及計畫等偵查秘密時，告知9月2日可能傳喚前立法院長王金平、民進黨立委柯建銘、前法務部長曾勇夫、前台灣高檢署檢察長陳守煌等人，案件大概9月6日會偵結；又馬英九在總統寓所內，一邊翻閱監聽譯文等資料，一邊記下黃世銘口述的摘要內容，接著轉述前行政院長江宜樺、前總統府副秘書長羅智強。馬又於9月4日，指示原本無意向江宜樺報告的黃世銘，帶著監聽譯文、專案報告三、柯建銘全民電通更一審無罪判決收判行程表等資料去向江宜樺報告，涉犯洩密、通保法、個資法等3罪。
對於檢察官的指控，高院更審審理後認為，整個事件分成兩個部份，第一部分是2013年8月31日，黃世銘向時任總統馬英九報告柯建銘「全民電通更一審關說等案偵查內容」、以及計畫等偵查秘密時，是黃世銘主動，馬英九是被動接收，而且兩人沒有共犯的關係，也無法證明有謀意，因此不能誤導馬英九是利用總統身分要求洩密，這部分判決無罪。
而第二部分教唆洩密，馬英九於9月4日，指示黃世銘帶著監聽譯文、專案報告三、柯建銘全民電通更一審無罪判決收判行程表等資料去向江宜樺報告，這部分高院法官也認為檢察官的證據不足以證明有教唆洩密，因此判決無罪。
高院發言人連育群也說，要認定馬英九有罪，檢察官要提出證據和舉證，但就檢察官所提出的證據都不足以證明馬英九有犯罪，因此才會裁定馬英九無罪確定。
https://www.setn.com/News.aspx?NewsID=568896&from=y
洩密案更審！最高院今宣判定讞 前總統馬英九獲判無罪
2019/07/12 10:30:00
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社會中心／台北報導 【 7/12 9:22 發稿 ｜ 10:30 更新 】
今天(12日)上午10點，前總統馬英九被控教唆洩密案，高院宣判結果出爐！2017年3月間，台北地檢署認為前總統馬英九，要求前檢察總長黃世銘，對前行政院長江宜樺、前總統府副秘書長羅智強，二度報告偵查中的機密，涉及教唆洩密等罪嫌，因此對馬提起公訴。一審法官認定符合憲法44條規定的「院際調解權」判決無罪，北檢上訴二審，逆轉改判有罪、判刑4月。案經最高法院撤銷二審判決，改發回高院更審，依《刑事訴訟法》新修正的規定，高院更審後本案即定讞，而高院今日宣判結果出爐，馬英九獲判無罪定讞。
▲北檢起訴馬英九洩密案，今高院將宣判定讞。
據了解，2017年3月間，台北地檢指控，前檢察總長黃世銘於2013年8月31日，向當時的總統馬英九報告柯建銘「全民電通更一審關說等案偵查內容」、以及計畫等偵查秘密時，告知9月2日可能傳喚前立法院長王金平、民進黨立委柯建銘、前法務部長曾勇夫、前台灣高檢署檢察長陳守煌等人，案件大概9月6日會偵結；又馬英九在總統寓所內，一邊翻閱監聽譯文等資料，一邊記下黃世銘口述的摘要內容，接著轉述前行政院長江宜樺、前總統府副秘書長羅智強。馬又於9月4日，指示原本無意向江宜樺報告的黃世銘，帶著監聽譯文、專案報告三、柯建銘「全民電通更一審無罪判決收判行程表」等資料，去向江宜樺報告，認為涉犯洩密、通保法、個資法等3罪。
▲北檢起訴馬英九洩密案，今高院將宣判定讞。
一審認為，檢方無法證明馬英九教唆黃世銘洩密、也無法證明馬為圖撤銷王金平黨籍而犯罪，基於「罪證有疑、利於被告」的原則，判處無罪；二審認為，總統是廣義的公務員，與一般性公務員一樣負有保密義務，而當時並無院際爭議，沒有「院際調解權」作為阻卻違法事由，依通保法改判4月，得易科罰金。案經最高法院撤銷、發回更審，依《刑事訴訟法》新修正的規定，高院更審後即定讞，全案經過2次開庭審理，於今年6月底進行言詞辯論，當時檢方認為，馬將原本僅做為偵查犯罪的通訊監察資料，挪為政治目的使用，建請法院判決馬英九有罪，而馬英九則表示，本案「明顯是為了要達到起訴我的特定目的，不惜耗費司法資源。」更表示「對自己的清白有信心。」，今天上午10點，高院宣判出爐，判決馬無罪定讞。
https://www.setn.com/News.aspx?NewsID=568621&from=y
無罪！馬英九教唆洩密案 高院判無罪定讞
2019/07/12 12:45:00
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記者潘千詩／台北報導 【 07/12 10:01 發稿 ｜ 12:45 更新：新增影音 】
台北地檢署起訴前總統馬英九涉教唆洩密案，馬從頭到尾堅持無罪，一審也判處無罪，但檢方不服上訴二審，結果逆轉改判4月，得易科罰金12萬元，最高法院今年初撤銷有罪判決，發回更審。高等法院更一審審理後，認為馬是「被」黃世銘告知，雖與一審見解不同，但結論相同，今（12）日駁回檢方上訴，維持馬英九無罪，全案定讞。
審判長宣判後表示，黃世銘主動求見馬英九，黃世銘有洩密、違反通保法等罪不等於馬英九有，但馬英九為公務員，行為有失職懲戒的可能。
2017年3月，北檢指控，前檢察總長黃世銘於2013年8月31日，向當時的總統馬英九報告柯建銘「全民電通更一審關說等案偵查內容」、以及計畫等偵查秘密時，告知9月2日可能傳喚前立法院長王金平、民進黨立委柯建銘、前法務部長曾勇夫、前台灣高檢署檢察長陳守煌等人，案件大概9月6日會偵結；又馬英九在總統寓所內，一邊翻閱監聽譯文等資料，一邊記下黃世銘口述的摘要內容，接著轉述前行政院長江宜樺、前總統府副秘書長羅智強。馬又於9月4日，指示原本無意向江宜樺報告的黃世銘，帶著監聽譯文、專案報告三、柯建銘全民電通更一審無罪判決收判行程表等資料去向江宜樺報告，涉犯洩密、通保法、個資法等3罪。
▲前總統馬英九。（圖／中央社資料照）
一審認為，檢方無法證明馬英九教唆黃世銘洩密、也無法證明馬為圖撤銷王金平黨籍而犯罪，基於「罪證有疑、利於被告」的原則，判處無罪。
二審認為，總統是廣義的公務員，與一般性公務員一樣負有保密義務，而當時並無院際爭議，沒有「院際調解權」作為阻卻違法事由，依通保法改判4月，得易科罰金。案經最高法院撤銷，發回更審。更一審今日宣判馬英九無罪定讞。
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馬英九涉洩密「無罪」確定 審判長：仍有失職可能
2019/07/12 10:43:00 中央社
台灣高等法院更一審今天審結前總統馬英九被控洩密案，馬英九無罪確定。
▲台灣高等法院更一審12日審結前總統馬英九被控洩密案，馬英九無罪確定。（圖／中央社）
高院更一審審判長張惠立宣判指出，馬英九與前最高檢察署檢察總長黃世銘間無共犯關係，是黃世銘主動求見馬英九告知關說案，馬英九為被動接受；馬英九為公務員，行為有失職懲戒的可能，但不構成中華民國刑法、通訊保障及監察法、洩密等罪名，駁回上訴，無罪確定。
馬英九本案一審獲判無罪，二審被判處4月徒刑，案經最高法院發回高院更審，依刑事訴訟法規定，全案無罪確定。
全案起於已解散的最高法院檢察署特別偵查組，在民國102年偵辦民主進步黨立委柯建銘及當時的立法院長王金平、法務部長曾勇夫等人疑涉司法關說案。
台北地檢署起訴指出，馬英九在102年8月31日，明知特偵組調查司法關說案的專案報告並非只是行政不法，仍洩漏偵查中秘密、柯建銘個人資料及通訊監察資料，給時任行政院長江宜樺、總統府副秘書長羅智強。
馬英九另涉嫌在102年9月4日，教唆當時的檢察總長黃世銘向江宜樺洩漏並交付偵查中的秘密及監察通訊所取得的應保密資料。
一審台北地方法院判馬英九無罪，高院二審改判4月徒刑。經上訴，最高法院發回高院更審。
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Ma Ying-jeou teaches secret acquittal
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July 12, 2019, 2:10 PM
Social Center / Comprehensive Report [ 07/12 11:19 Release | 12:44 Update: Add Video]
Former President Ma Ying-jeou was suspected of intimidating and leaking secrets. He was acquitted in the first instance. However, he was sentenced to fixed-term imprisonment in April. He appealed to the Supreme Court and sent it back to the High Court for further trial. Today, the High Court has further reviewed and determined that Ma Ying-jeou is not guilty. The High Court spokesman Lian Yuqun It also explains the reason and believes that the evidence presented by the prosecutor is not sufficient to prove that Ma Ying-jeou has a teaching secret and is therefore not guilty.
▲ Former President Ma Ying-jeou (Information Photo / Reporter Qiu Rongji Photography)
The whole case occurred in March 2017. The Northern Inspection accused Huang Shiming, the former procurator general, on the 31st of August 2013, reporting to the then President Ma Ying-jeou, Ke Jianming, “The investigation of the case of the National People’s Congress and other trials,” and plans. When investigating the secret, he informed that on September 2, he might summon the former Legislative Yuan’s Wang Jinping, the Democratic Progressive Party’s legislator Ke Jianming, the former Minister of Justice Zeng Yongfu, and the former Taiwan High Prosecutor’s Office Prosecutor Chen Shouhuang and others. The case will be detected on September 6th; In the president's apartment, Ma Ying-jeou, while reading the information such as listening to the translation, wrote down the abstract content of Huang Shiming's oral narration, and then relayed the former Executive Dean Jiang Yihua and the former Deputy Secretary-General of the Presidential Office, Luo Zhiqiang. On September 4, Ma also instructed Huang Shiming, who had no intention to report to Jiang Yihua, to report to Jiang Yihua with the information on the monitoring translation, the report on the project, the third report of Ke Jianming, and the acquittal of the first instance. Three crimes, such as a capital law.
Regarding the prosecutor’s allegations, the High Court later concluded that the whole incident was divided into two parts. The first part was August 31, 2013. Huang Shiming reported to the then President Ma Ying-jeou that Ke Jianming’s investigation on the case of the National People’s Congress When investigating secrets such as plans, it was Huang Shiming's initiative. Ma Ying-jeou was passively receiving, and the two had no accomplices. They could not prove that they had any intentions. Therefore, Ma Ying-jeou could not mislead Ma Ying-jeou to use the president's identity to demand disclosure. This part of the judgment is not guilty.
On the 4th of September, Ma Ying-jeou instructed Huang Shiming to report to Jiang Yihua with the information on the monitoring translation, the project report III, Ke Jianming's all-in-one telecommunications, and the acquittal of the first trial. This part of the High Court judge also considered the inspection. The official’s evidence is not sufficient to prove that there is a teacher’s secret, so the verdict is not guilty.
High School spokesman Lian Yuqun also said that to find Ma Ying-jeou guilty, the prosecutor must present evidence and evidence, but the evidence presented by the prosecutor is not enough to prove that Ma Ying-jeou has a crime, so Ma Ying-jeou will be acquitted.
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The leak case is more trial! The Supreme Court ruled that the former President Ma Ying-jeou was acquitted
2019/07/12 10:30:00
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Social Center / Taipei Report [ 7/12 9:22 Released | 10:30 Update]
At 10 am today (12th), former President Ma Ying-jeou was accused of teaching the leaking case, and the results of the high court decision were released! In March 2017, the Taipei District Inspection Office believed that former President Ma Ying-jeou requested the former Attorney General Huang Shiming to report to the former Executive Director Jiang Yihua and the former Deputy Secretary-General of the Presidential Office, Luo Zhiqiang, for reporting the secrets in the investigation, including the crime of instigating and leaking secrets. Prosecuting the horse. The first-instance judge found that the "intermediate mediation power" stipulated in Article 44 of the Constitution was not guilty. The second instance of the Northern Appeal was appealed, and the sentence was reversed and sentenced to 4 months. After the case was rescinded by the Supreme Court, it was sent back to the High Court for further review. According to the new amendments to the Criminal Procedure Law, the case was finalized after the High Court was reviewed, and the results of the high court today were released. Ma Ying-jeou was found acquitted. Hey.
Ma Ying-jeou leaked a case to appear in court ID-773508
▲The Northern Prosecutor sued Ma Ying-jeou for leaking the case.
It is understood that in March 2017, Taipei’s ground inspection allegations, former Attorney General Huang Shiming, reported to the then President Ma Ying-jeou on August 31, 2013 that Ke Jianming’s “Record of the All-Electricity Test and Other Cases” and investigations In secret, he told September 2 that he might summon the former Legislative Yuan’s head Wang Jinping, the Democratic Progressive Party’s legislator Ke Jianming, the former Minister of Justice Zeng Yongfu, and the former Taiwan High Prosecutor’s Office Prosecutor Chen Shouhuang and others. The case will be detected on September 6; In the president's apartment, Ma Ying-jeou read the contents of the listening translation and recorded the abstract content of Huang Shiming's oral narration, and then relayed the former Executive Dean Jiang Yihua and the former Deputy Secretary-General of the Presidential Office, Luo Zhiqiang. On September 4, Ma also instructed Huang Shiming, who had no intention to report to Jiang Yihua, to report to Jiang Yihua, with a report on the translation, a report on the project, and a report on the case of Kemin Ming’s "Nothing in the First People's Court." Three crimes, such as the general insurance law and the personal capital law.
Commanded to teach the secrets of the case Ma Yingjiu (1st) appeared in court (photo / reporter Lin Jinglian photography) ID-839886
▲The Northern Prosecutor sued Ma Ying-jeou for leaking the case.
The first instance held that the prosecution could not prove that Ma Ying-jeou taught Huang Shiming to leak secrets, nor could he prove that Ma was guilty of revoking Wang Jinping's party membership. He was acquitted on the basis of the principle of "criminal evidence is conducive to the defendant". The second instance held that the president is a general civil servant and Sexual civil servants have the same obligation of confidentiality. At the time, there was no inter-institutional dispute. There was no "inter-mediation right of mediation" as a reason to block the illegality. According to the law of insurance, it was fined in April. The case was revoked by the Supreme Court and sent back for further trial. According to the new amendments to the Criminal Procedure Law, the High Court was fixed after the trial. The case was tried twice and the speech was debated at the end of June this year. It is believed that Ma will only use the communication monitoring materials for investigating crimes for political purposes, and the court is required to sentence Ma Ying-jeou to guilty. Ma Ying-jeou said that the case was "obviously intended to meet the specific purpose of prosecuting me and to spend judicial resources." "It also means "having confidence in your innocence." At 10 o'clock this morning, the High Court announced that it had been acquitted.
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Not guilty! Ma Ying-jeou's confession case
2019/07/12 12:45:00
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Reporter Pan Qianshi / Taipei Report [07/12 10:01 Release | 12:45 Update: Add Video]
The Taipei District Prosecutor's Office sued the former President Ma Ying-jeou for his confession. The horse insisted on acquittal from the beginning to the end. The first instance was also acquitted. However, the prosecution refused to accept the second trial of the appeal. The result was reversed and sentenced to April, and the company was fined 120,000 yuan. Cancel the guilty verdict and send it back for a more trial. After the first instance hearing, the High Court held that the horse was "by" Huang Shiming. Although it was different from the first-instance opinion, the conclusion was the same. This (12) day dismissed the prosecution appeal and maintained Ma Ying-jeou's innocence.
After the judgment of the presiding judge, Huang Shiming voluntarily sought to see Ma Ying-jeou. Huang Shiming’s crime of leaking secrets and violating the general protection law is not equal to Ma Ying-jeou’s, but Ma Ying-jeou is a civil servant and has the possibility of disciplinary punishment.
In March 2017, the Northern Inspection accused Huang Shiming, the former chief procurator of the procurator, on April 31, 2013, reporting to the then President Ma Ying-jeou that Ke Jianming’s “Record of the case of the National People’s Congress and other trials” and the investigation of secrets such as plans, On September 2, the former Legislative Yuan’s head Wang Jinping, the Democratic Progressive Party’s legislator Ke Jianming, the former Minister of Justice Zeng Yongfu, and the former Taiwan High Prosecutor’s Office Prosecutor Chen Shouhuang and others may be summoned. The case will be detected on September 6th; Ma Ying-jeou is in the president’s apartment. Inside, while reading the information such as listening to the translation, he wrote down the abstract content of Huang Shiming's oral narration, and then relayed the former Executive Dean Jiang Yihua and the former Deputy Secretary-General of the Presidential Office, Luo Zhiqiang. On September 4, Ma also instructed Huang Shiming, who had no intention to report to Jiang Yihua, to report to Jiang Yihua with the information on the monitoring translation, the report on the project, the third report of Ke Jianming, and the acquittal of the first instance. Three crimes, such as a capital law.
ID-1981865
▲ Former President Ma Ying-jeou. (Photo / Central News)
The first instance held that the prosecution could not prove that Ma Ying-jeou taught Huang Shiming to leak secrets, nor could he prove that Ma was guilty of revoking Wang Jinping's party membership. He was acquitted on the basis of the principle of "criminal evidence is conducive to the defendant."
The second instance held that the president is a civil servant in a broad sense. He has the same duty of confidentiality as a general civil servant. At the time, there was no inter-institutional dispute. There was no "intermediate mediation power" as a reason to block the illegal act. Penalty fine. The case was revoked by the Supreme Court and sent back for further review. The first trial today sentenced Ma Ying-jeou to acquittal.
Lin Zhicheng was on the stage of the Taiwanese director.
Keywords:
Ma Yingjiu
High court
Teaching secrets
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Ma Ying-jeou is involved in leaking secret "no guilty" to determine the presiding judge: there is still the possibility of dereliction of duty
2019/07/12 10:43:00 Central News Agency
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The first instance of the Taiwan High Court was ruled today. Before the trial, Ma Ying-jeou was accused of leaking secrets. Ma Ying-jeou was acquitted.
Ma Ying-jeou attended the Youth Expedition Camp of the Congress (1) Former President Ma Ying-jeou (right) attended the 3rd Congress Youth Experience Camp Lecture at the Legislative Yuan on the 30th in the Legislative Yuan. When he entered the venue, he paid tribute to the media waiting for him. Photo by Shi Zonghui, a reporter from the Central News Agency, June 30, 107 ID-1424403
▲ Taiwan’s High Court was first sentenced on the 12th before the president Ma Ying-jeou was charged with leaking the case, Ma Ying-jeou was acquitted. (Photo / Central News Agency)
The court of the first instance of the High Court, Zhang Huili, declared that Ma Ying-jeou had no accomplice relationship with Huang Shiming, the chief procurator of the former Supreme Public Prosecutor's Office. It was Huang Shiming who volunteered to see Ma Ying-jeou informed the case, Ma Ying-jeou accepted it passively; Ma Ying-jeou was a civil servant and acted with disciplinary punishment. Possibly, but does not constitute the Republic of China criminal law, communications security and supervision laws, leaks and other charges, dismissed the appeal, not guilty.
Ma Ying-jeou was acquitted in the first instance of the case. The second instance was sentenced to 4 months in prison. The case was sent back to the High Court for trial by the Supreme Court. According to the Criminal Procedure Law, the case is not guilty.
馬英九教唆洩密無罪 高院理由曝光
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2019年7月12日 下午2:10
社會中心／綜合報導 【 07/12 11:19 發稿 ｜ 12:44 更新：新增影音 】
前總統馬英九涉嫌教唆洩密，之前一審宣判無罪，但二審被判有期徒刑四月，上訴到最高院後發回高院更審，今天高院更審改判定馬英九無罪確定，高院發言人連育群也說明原因，認為檢察官提出的證據，不足以證明馬英九有教唆洩密，因此判決無罪。
▲前總統馬英九（資料照／記者邱榮吉攝影）
整起案件發生在2017年3月，北檢指控，前檢察總長黃世銘於2013年8月31日，向當時的總統馬英九報告柯建銘「全民電通更一審關說等案偵查內容」、以及計畫等偵查秘密時，告知9月2日可能傳喚前立法院長王金平、民進黨立委柯建銘、前法務部長曾勇夫、前台灣高檢署檢察長陳守煌等人，案件大概9月6日會偵結；又馬英九在總統寓所內，一邊翻閱監聽譯文等資料，一邊記下黃世銘口述的摘要內容，接著轉述前行政院長江宜樺、前總統府副秘書長羅智強。馬又於9月4日，指示原本無意向江宜樺報告的黃世銘，帶著監聽譯文、專案報告三、柯建銘全民電通更一審無罪判決收判行程表等資料去向江宜樺報告，涉犯洩密、通保法、個資法等3罪。
對於檢察官的指控，高院更審審理後認為，整個事件分成兩個部份，第一部分是2013年8月31日，黃世銘向時任總統馬英九報告柯建銘「全民電通更一審關說等案偵查內容」、以及計畫等偵查秘密時，是黃世銘主動，馬英九是被動接收，而且兩人沒有共犯的關係，也無法證明有謀意，因此不能誤導馬英九是利用總統身分要求洩密，這部分判決無罪。
而第二部分教唆洩密，馬英九於9月4日，指示黃世銘帶著監聽譯文、專案報告三、柯建銘全民電通更一審無罪判決收判行程表等資料去向江宜樺報告，這部分高院法官也認為檢察官的證據不足以證明有教唆洩密，因此判決無罪。
高院發言人連育群也說，要認定馬英九有罪，檢察官要提出證據和舉證，但就檢察官所提出的證據都不足以證明馬英九有犯罪，因此才會裁定馬英九無罪確定。
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洩密案更審！最高院今宣判定讞 前總統馬英九獲判無罪
2019/07/12 10:30:00
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社會中心／台北報導 【 7/12 9:22 發稿 ｜ 10:30 更新 】
今天(12日)上午10點，前總統馬英九被控教唆洩密案，高院宣判結果出爐！2017年3月間，台北地檢署認為前總統馬英九，要求前檢察總長黃世銘，對前行政院長江宜樺、前總統府副秘書長羅智強，二度報告偵查中的機密，涉及教唆洩密等罪嫌，因此對馬提起公訴。一審法官認定符合憲法44條規定的「院際調解權」判決無罪，北檢上訴二審，逆轉改判有罪、判刑4月。案經最高法院撤銷二審判決，改發回高院更審，依《刑事訴訟法》新修正的規定，高院更審後本案即定讞，而高院今日宣判結果出爐，馬英九獲判無罪定讞。
▲北檢起訴馬英九洩密案，今高院將宣判定讞。
據了解，2017年3月間，台北地檢指控，前檢察總長黃世銘於2013年8月31日，向當時的總統馬英九報告柯建銘「全民電通更一審關說等案偵查內容」、以及計畫等偵查秘密時，告知9月2日可能傳喚前立法院長王金平、民進黨立委柯建銘、前法務部長曾勇夫、前台灣高檢署檢察長陳守煌等人，案件大概9月6日會偵結；又馬英九在總統寓所內，一邊翻閱監聽譯文等資料，一邊記下黃世銘口述的摘要內容，接著轉述前行政院長江宜樺、前總統府副秘書長羅智強。馬又於9月4日，指示原本無意向江宜樺報告的黃世銘，帶著監聽譯文、專案報告三、柯建銘「全民電通更一審無罪判決收判行程表」等資料，去向江宜樺報告，認為涉犯洩密、通保法、個資法等3罪。
▲北檢起訴馬英九洩密案，今高院將宣判定讞。
一審認為，檢方無法證明馬英九教唆黃世銘洩密、也無法證明馬為圖撤銷王金平黨籍而犯罪，基於「罪證有疑、利於被告」的原則，判處無罪；二審認為，總統是廣義的公務員，與一般性公務員一樣負有保密義務，而當時並無院際爭議，沒有「院際調解權」作為阻卻違法事由，依通保法改判4月，得易科罰金。案經最高法院撤銷、發回更審，依《刑事訴訟法》新修正的規定，高院更審後即定讞，全案經過2次開庭審理，於今年6月底進行言詞辯論，當時檢方認為，馬將原本僅做為偵查犯罪的通訊監察資料，挪為政治目的使用，建請法院判決馬英九有罪，而馬英九則表示，本案「明顯是為了要達到起訴我的特定目的，不惜耗費司法資源。」更表示「對自己的清白有信心。」，今天上午10點，高院宣判出爐，判決馬無罪定讞。
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無罪！馬英九教唆洩密案 高院判無罪定讞
2019/07/12 12:45:00
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記者潘千詩／台北報導 【 07/12 10:01 發稿 ｜ 12:45 更新：新增影音 】
台北地檢署起訴前總統馬英九涉教唆洩密案，馬從頭到尾堅持無罪，一審也判處無罪，但檢方不服上訴二審，結果逆轉改判4月，得易科罰金12萬元，最高法院今年初撤銷有罪判決，發回更審。高等法院更一審審理後，認為馬是「被」黃世銘告知，雖與一審見解不同，但結論相同，今（12）日駁回檢方上訴，維持馬英九無罪，全案定讞。
審判長宣判後表示，黃世銘主動求見馬英九，黃世銘有洩密、違反通保法等罪不等於馬英九有，但馬英九為公務員，行為有失職懲戒的可能。
2017年3月，北檢指控，前檢察總長黃世銘於2013年8月31日，向當時的總統馬英九報告柯建銘「全民電通更一審關說等案偵查內容」、以及計畫等偵查秘密時，告知9月2日可能傳喚前立法院長王金平、民進黨立委柯建銘、前法務部長曾勇夫、前台灣高檢署檢察長陳守煌等人，案件大概9月6日會偵結；又馬英九在總統寓所內，一邊翻閱監聽譯文等資料，一邊記下黃世銘口述的摘要內容，接著轉述前行政院長江宜樺、前總統府副秘書長羅智強。馬又於9月4日，指示原本無意向江宜樺報告的黃世銘，帶著監聽譯文、專案報告三、柯建銘全民電通更一審無罪判決收判行程表等資料去向江宜樺報告，涉犯洩密、通保法、個資法等3罪。
▲前總統馬英九。（圖／中央社資料照）
一審認為，檢方無法證明馬英九教唆黃世銘洩密、也無法證明馬為圖撤銷王金平黨籍而犯罪，基於「罪證有疑、利於被告」的原則，判處無罪。
二審認為，總統是廣義的公務員，與一般性公務員一樣負有保密義務，而當時並無院際爭議，沒有「院際調解權」作為阻卻違法事由，依通保法改判4月，得易科罰金。案經最高法院撤銷，發回更審。更一審今日宣判馬英九無罪定讞。
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馬英九涉洩密「無罪」確定 審判長：仍有失職可能
2019/07/12 10:43:00 中央社
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台灣高等法院更一審今天審結前總統馬英九被控洩密案，馬英九無罪確定。
▲台灣高等法院更一審12日審結前總統馬英九被控洩密案，馬英九無罪確定。（圖／中央社）
高院更一審審判長張惠立宣判指出，馬英九與前最高檢察署檢察總長黃世銘間無共犯關係，是黃世銘主動求見馬英九告知關說案，馬英九為被動接受；馬英九為公務員，行為有失職懲戒的可能，但不構成中華民國刑法、通訊保障及監察法、洩密等罪名，駁回上訴，無罪確定。
馬英九本案一審獲判無罪，二審被判處4月徒刑，案經最高法院發回高院更審，依刑事訴訟法規定，全案無罪確定。
全案起於已解散的最高法院檢察署特別偵查組，在民國102年偵辦民主進步黨立委柯建銘及當時的立法院長王金平、法務部長曾勇夫等人疑涉司法關說案。
台北地檢署起訴指出，馬英九在102年8月31日，明知特偵組調查司法關說案的專案報告並非只是行政不法，仍洩漏偵查中秘密、柯建銘個人資料及通訊監察資料，給時任行政院長江宜樺、總統府副秘書長羅智強。
馬英九另涉嫌在102年9月4日，教唆當時的檢察總長黃世銘向江宜樺洩漏並交付偵查中的秘密及監察通訊所取得的應保密資料。
一審台北地方法院判馬英九無罪，高院二審改判4月徒刑。經上訴，最高法院發回高院更審。
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Ma Ying-jeou teaches secret acquittal
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July 12, 2019, 2:10 PM
Social Center / Comprehensive Report [ 07/12 11:19 Release | 12:44 Update: Add Video]
Former President Ma Ying-jeou was suspected of intimidating and leaking secrets. He was acquitted in the first instance. However, he was sentenced to fixed-term imprisonment in April. He appealed to the Supreme Court and sent it back to the High Court for further trial. Today, the High Court has further reviewed and determined that Ma Ying-jeou is not guilty. The High Court spokesman Lian Yuqun It also explains the reason and believes that the evidence presented by the prosecutor is not sufficient to prove that Ma Ying-jeou has a teaching secret and is therefore not guilty.
▲ Former President Ma Ying-jeou (Information Photo / Reporter Qiu Rongji Photography)
The whole case occurred in March 2017. The Northern Inspection accused Huang Shiming, the former procurator general, on the 31st of August 2013, reporting to the then President Ma Ying-jeou, Ke Jianming, “The investigation of the case of the National People’s Congress and other trials,” and plans. When investigating the secret, he informed that on September 2, he might summon the former Legislative Yuan’s Wang Jinping, the Democratic Progressive Party’s legislator Ke Jianming, the former Minister of Justice Zeng Yongfu, and the former Taiwan High Prosecutor’s Office Prosecutor Chen Shouhuang and others. The case will be detected on September 6th; In the president's apartment, Ma Ying-jeou, while reading the information such as listening to the translation, wrote down the abstract content of Huang Shiming's oral narration, and then relayed the former Executive Dean Jiang Yihua and the former Deputy Secretary-General of the Presidential Office, Luo Zhiqiang. On September 4, Ma also instructed Huang Shiming, who had no intention to report to Jiang Yihua, to report to Jiang Yihua with the information on the monitoring translation, the report on the project, the third report of Ke Jianming, and the acquittal of the first instance. Three crimes, such as a capital law.
Regarding the prosecutor’s allegations, the High Court later concluded that the whole incident was divided into two parts. The first part was August 31, 2013. Huang Shiming reported to the then President Ma Ying-jeou that Ke Jianming’s investigation on the case of the National People’s Congress When investigating secrets such as plans, it was Huang Shiming's initiative. Ma Ying-jeou was passively receiving, and the two had no accomplices. They could not prove that they had any intentions. Therefore, Ma Ying-jeou could not mislead Ma Ying-jeou to use the president's identity to demand disclosure. This part of the judgment is not guilty.
On the 4th of September, Ma Ying-jeou instructed Huang Shiming to report to Jiang Yihua with the information on the monitoring translation, the project report III, Ke Jianming's all-in-one telecommunications, and the acquittal of the first trial. This part of the High Court judge also considered the inspection. The official’s evidence is not sufficient to prove that there is a teacher’s secret, so the verdict is not guilty.
High School spokesman Lian Yuqun also said that to find Ma Ying-jeou guilty, the prosecutor must present evidence and evidence, but the evidence presented by the prosecutor is not enough to prove that Ma Ying-jeou has a crime, so Ma Ying-jeou will be acquitted.
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The leak case is more trial! The Supreme Court ruled that the former President Ma Ying-jeou was acquitted
2019/07/12 10:30:00
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Social Center / Taipei Report [ 7/12 9:22 Released | 10:30 Update]
At 10 am today (12th), former President Ma Ying-jeou was accused of teaching the leaking case, and the results of the high court decision were released! In March 2017, the Taipei District Inspection Office believed that former President Ma Ying-jeou requested the former Attorney General Huang Shiming to report to the former Executive Director Jiang Yihua and the former Deputy Secretary-General of the Presidential Office, Luo Zhiqiang, for reporting the secrets in the investigation, including the crime of instigating and leaking secrets. Prosecuting the horse. The first-instance judge found that the "intermediate mediation power" stipulated in Article 44 of the Constitution was not guilty. The second instance of the Northern Appeal was appealed, and the sentence was reversed and sentenced to 4 months. After the case was rescinded by the Supreme Court, it was sent back to the High Court for further review. According to the new amendments to the Criminal Procedure Law, the case was finalized after the High Court was reviewed, and the results of the high court today were released. Ma Ying-jeou was found acquitted. Hey.
Ma Ying-jeou leaked a case to appear in court ID-773508
▲The Northern Prosecutor sued Ma Ying-jeou for leaking the case.
It is understood that in March 2017, Taipei’s ground inspection allegations, former Attorney General Huang Shiming, reported to the then President Ma Ying-jeou on August 31, 2013 that Ke Jianming’s “Record of the All-Electricity Test and Other Cases” and investigations In secret, he told September 2 that he might summon the former Legislative Yuan’s head Wang Jinping, the Democratic Progressive Party’s legislator Ke Jianming, the former Minister of Justice Zeng Yongfu, and the former Taiwan High Prosecutor’s Office Prosecutor Chen Shouhuang and others. The case will be detected on September 6; In the president's apartment, Ma Ying-jeou read the contents of the listening translation and recorded the abstract content of Huang Shiming's oral narration, and then relayed the former Executive Dean Jiang Yihua and the former Deputy Secretary-General of the Presidential Office, Luo Zhiqiang. On September 4, Ma also instructed Huang Shiming, who had no intention to report to Jiang Yihua, to report to Jiang Yihua, with a report on the translation, a report on the project, and a report on the case of Kemin Ming’s "Nothing in the First People's Court." Three crimes, such as the general insurance law and the personal capital law.
Commanded to teach the secrets of the case Ma Yingjiu (1st) appeared in court (photo / reporter Lin Jinglian photography) ID-839886
▲The Northern Prosecutor sued Ma Ying-jeou for leaking the case.
The first instance held that the prosecution could not prove that Ma Ying-jeou taught Huang Shiming to leak secrets, nor could he prove that Ma was guilty of revoking Wang Jinping's party membership. He was acquitted on the basis of the principle of "criminal evidence is conducive to the defendant". The second instance held that the president is a general civil servant and Sexual civil servants have the same obligation of confidentiality. At the time, there was no inter-institutional dispute. There was no "inter-mediation right of mediation" as a reason to block the illegality. According to the law of insurance, it was fined in April. The case was revoked by the Supreme Court and sent back for further trial. According to the new amendments to the Criminal Procedure Law, the High Court was fixed after the trial. The case was tried twice and the speech was debated at the end of June this year. It is believed that Ma will only use the communication monitoring materials for investigating crimes for political purposes, and the court is required to sentence Ma Ying-jeou to guilty. Ma Ying-jeou said that the case was "obviously intended to meet the specific purpose of prosecuting me and to spend judicial resources." "It also means "having confidence in your innocence." At 10 o'clock this morning, the High Court announced that it had been acquitted.
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Not guilty! Ma Ying-jeou's confession case
2019/07/12 12:45:00
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Reporter Pan Qianshi / Taipei Report [07/12 10:01 Release | 12:45 Update: Add Video]
The Taipei District Prosecutor's Office sued the former President Ma Ying-jeou for his confession. The horse insisted on acquittal from the beginning to the end. The first instance was also acquitted. However, the prosecution refused to accept the second trial of the appeal. The result was reversed and sentenced to April, and the company was fined 120,000 yuan. Cancel the guilty verdict and send it back for a more trial. After the first instance hearing, the High Court held that the horse was "by" Huang Shiming. Although it was different from the first-instance opinion, the conclusion was the same. This (12) day dismissed the prosecution appeal and maintained Ma Ying-jeou's innocence.
After the judgment of the presiding judge, Huang Shiming voluntarily sought to see Ma Ying-jeou. Huang Shiming’s crime of leaking secrets and violating the general protection law is not equal to Ma Ying-jeou’s, but Ma Ying-jeou is a civil servant and has the possibility of disciplinary punishment.
In March 2017, the Northern Inspection accused Huang Shiming, the former chief procurator of the procurator, on April 31, 2013, reporting to the then President Ma Ying-jeou that Ke Jianming’s “Record of the case of the National People’s Congress and other trials” and the investigation of secrets such as plans, On September 2, the former Legislative Yuan’s head Wang Jinping, the Democratic Progressive Party’s legislator Ke Jianming, the former Minister of Justice Zeng Yongfu, and the former Taiwan High Prosecutor’s Office Prosecutor Chen Shouhuang and others may be summoned. The case will be detected on September 6th; Ma Ying-jeou is in the president’s apartment. Inside, while reading the information such as listening to the translation, he wrote down the abstract content of Huang Shiming's oral narration, and then relayed the former Executive Dean Jiang Yihua and the former Deputy Secretary-General of the Presidential Office, Luo Zhiqiang. On September 4, Ma also instructed Huang Shiming, who had no intention to report to Jiang Yihua, to report to Jiang Yihua with the information on the monitoring translation, the report on the project, the third report of Ke Jianming, and the acquittal of the first instance. Three crimes, such as a capital law.
ID-1981865
▲ Former President Ma Ying-jeou. (Photo / Central News)
The first instance held that the prosecution could not prove that Ma Ying-jeou taught Huang Shiming to leak secrets, nor could he prove that Ma was guilty of revoking Wang Jinping's party membership. He was acquitted on the basis of the principle of "criminal evidence is conducive to the defendant."
The second instance held that the president is a civil servant in a broad sense. He has the same duty of confidentiality as a general civil servant. At the time, there was no inter-institutional dispute. There was no "intermediate mediation power" as a reason to block the illegal act. Penalty fine. The case was revoked by the Supreme Court and sent back for further review. The first trial today sentenced Ma Ying-jeou to acquittal.
Lin Zhicheng was on the stage of the Taiwanese director.
Keywords:
Ma Yingjiu
High court
Teaching secrets
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Ma Ying-jeou is involved in leaking secret "no guilty" to determine the presiding judge: there is still the possibility of dereliction of duty
2019/07/12 10:43:00 Central News Agency
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The first instance of the Taiwan High Court was ruled today. Before the trial, Ma Ying-jeou was accused of leaking secrets. Ma Ying-jeou was acquitted.
Ma Ying-jeou attended the Youth Expedition Camp of the Congress (1) Former President Ma Ying-jeou (right) attended the 3rd Congress Youth Experience Camp Lecture at the Legislative Yuan on the 30th in the Legislative Yuan. When he entered the venue, he paid tribute to the media waiting for him. Photo by Shi Zonghui, a reporter from the Central News Agency, June 30, 107 ID-1424403
▲ Taiwan’s High Court was first sentenced on the 12th before the president Ma Ying-jeou was charged with leaking the case, Ma Ying-jeou was acquitted. (Photo / Central News Agency)
The court of the first instance of the High Court, Zhang Huili, declared that Ma Ying-jeou had no accomplice relationship with Huang Shiming, the chief procurator of the former Supreme Public Prosecutor's Office. It was Huang Shiming who volunteered to see Ma Ying-jeou informed the case, Ma Ying-jeou accepted it passively; Ma Ying-jeou was a civil servant and acted with disciplinary punishment. Possibly, but does not constitute the Republic of China criminal law, communications security and supervision laws, leaks and other charges, dismissed the appeal, not guilty.
Ma Ying-jeou was acquitted in the first instance of the case. The second instance was sentenced to 4 months in prison. The case was sent back to the High Court for trial by the Supreme Court. According to the Criminal Procedure Law, the case is not guilty.
