Eiger Prevails in Supreme Court

Eiger feels honored by a landmark judgment in which Taiwan’s Supreme Court upheld the firm’s motion to expand and redefine the investigatory period in criminal cases. This case, Supreme Court Judgement 106 Tai San Tzu No. 402, featuring Eiger’s senior associate Heather HSIAO as lead counsel, is the first ever to rule on a definition of the investigation period with regards to Article 17, Paragraph 2 of the Narcotics Hazard Prevention Act.

Setting forth a clearer definition of the criminal investigation period, the Court confirmed that an investigation starts when the prosecutor begins the investigation and extends until the time that the case documents are transferred to the court’s handling. This will expand legal protections and reduce confusion surrounding reduced sentencing provisions for many criminal defendants.

In connection with the case, Eiger’s Heather also published an article outlining the practical evolution of the legal definition of an investigation period. Further explored is the definition of “confession” in criminal procedure, both in theory and in court practice. Her article thoroughly examines the implications on related legal issues in criminal procedure and offers a very practical guide for other attorneys on protecting clients’ interests throughout a criminal investigation process, especially when dealing with confession issues. The article was published in the June 2017 edition of the Chinese-language Taiwan Bar Journal and has been highly praised by the Taiwan Bar Association.