Article 7. Law and Prosecution Standards under Permanent Peace Unity
Preface
Who has stolen sovereignty from the people? Who is monopolizing prosecutorial powers to cover up a corrupt regime? Who is the enemy of peace and justice? The answer is not others: rather, it is “one of our own” —the party government supported by the hard-earned dollars of our taxpayers. We [Taiwanese] people offer this charter as our commitment to a historical destiny. Drawing on the experiences of people who have been exploited for thousands of years, we seek to follow the desires of Heaven and humankind and promote a prosecutorial system that will serve all humanity and foster permanent peace and development.
Therefore
The Charter for Permanent Peace / Universal Constitution for Human Beings / Multi-purpose Strategic Constitution and Tactics Article 7 Global Justice under Unity- this is mainly intended to confirm that [Taiwan] will serve as a model for prosecutorial action. All people shall be warriors of justice, and far-reaching and solid constitutional provisions shall be enacted. Implementing One World under One Set of Laws and exercising global co-opetition in prosecutorial work is the first step toward a global prosecutorial system. Nations shall have prosecutorial power only where global international agencies have failed to exercise prosecutorial power. Existing international inspection and supervision agencies should actively work to promote complete development of the system.
This Charter incorporates universal law and the laws of all nations into a single legal system that affords every individual equal protection. The people shall have the right to choose and directly invoke the laws and provisions of any system that promotes procedural justice, and prosecutors are obliged to guarantee people that their rights will never lag behind those of people in other countries.
Rule of law must first be applied to governments, and then to the people. The Prosecutorial Branch must be fully independent of the legislative, administrative and judicial branches. It is no longer attached to and controlled by administrative organs and can truly be the embodiment of justice.
The Prosecutor General shall be directly elected and must meet the same qualifications as candidates for the presidency. Attorneys General at local levels shall also be elected by the people, with the qualifications of candidates the same as those for county and city mayors and magistrates. The Prosecutor General shall be directly responsible to the people, and prosecutorial policies shall be monitored by the people as holders of sovereignty, a thorough shedding of the previous outdated and convoluted prosecutorial system.
In order to implement One World under One Set of Laws and achieve the political views and reform ideas of the elected Prosecutor General, the Prosecutor General-elect will form a team of 12 legal internalization lawmakers to help incorporate universal law and the laws of all nations into a single legal system.
This prosecutorial system will provide the highest quality and efficiency in legal work and inspection, utilizing the advances [Taiwan] has made and other countries have yet to make, and offering them to make up shortcomings in global prosecutorial powers , thereby demonstrating [Taiwan]’s good features to world. This peaceful contribution from [Taiwan] to the world means that those who suffer under oppressors have nothing to lose but their chains and iron curtains and the violence and lies that constrain them, while others will suffer no loss while winning the glory of a world capital, permanent peace at the supra-national level, and the release of human beings still held hostage under some 50 dictatorships world-wide.
Figure 7-1 : National inspections should conform to the rolling retrofit of more than 20,000 international standards (ISO), and then through the standardization of prosecutorial standards for the integration of permanent peace and sustainable development.
Implementation
Section 1. Permanent Peace Standards 7.1 (The Right of Global Prosecutorial Co-opetition)
1. To achieve egalitarian living relationships in the global village and for the sake of overall human interests, in order to maintain unity in legal order and resource allocation and utilization, and to recognize the norms of international institutions, international agencies shall have exclusive prosecutorial powers. (See the Preface for details)
2. In addition to the global exclusive jurisdiction and investigation by the International Court of Justice, our nation shall also have independent investigative powers.
3. The State has the power to prosecute in order to establish egalitarian living conditions domestically and to examine the national prosecutorial norms necessary to maintain unity in legal and economic affairs in view of overall national interests.
4. Prosecutors have "International Absolute Prosecution" for internationally recognized crimes and for prosecution under the International Criminal Court, especially for criminal acts involving genocide, inhumane actions, war, aggression, etc. Whether a conspiracy or preparation is involved, and the party involved is guilty of a crime or an accomplice, it is within the scope of the duties of the prosecutorial system.
5. The people pursue the ideal of One World under One Set of Laws, where prosecutorial power and judicial rights are the most sacred rights of the world's citizens and the most urgent obligation of all prosecutors.
6. The prosecutorial agencies in our government shall operate completely independent of legislative, executive and judicial officials. Their power comes directly from the people and they shall be directly responsible to the people and not subject to political interference of any kind.
7. The Prosecution is empowered by the people to exercise judicial and prosecutorial powers and enforce international prosecutorial regulations including "Guidelines on the Role of the Prosecutor"; the Prosecutorial and local prosecutorial agencies as prescribed by the Constitution, as well as the prosecutorial departments, departments and bureaus of the state organs, and so on, all exercised separately according to the law.
Section 2. Permanent Peace Standards 7.2 ( The Prosecution )
1. The Prosecution is the state's legal supervisory authority, supervising all due process of law; exercising supervision, impeachment, and auditing powers; criminal, military, and civil investigation and prosecution; passive monitoring of civil trials; and implementing citizen protection missions. (See Appendix Figure 3: Prosecution System)
2. The Department of Prosecution: The Department of Prosecution shall set up a general prosecutor to conduct investigations, initiate and prosecute cases, and direct the execution of criminal judgments (§ 8.4). Exercise of these prosecutorial powers shall be based on an inclusive collegiate system as well as a hierarchical system.
3. The Public Protector: The Public Guardian shall set up an office of Public Guardians.
(a) The Public Guardian shall serve as a lawyer for the people, assisting the civilian population in exercising their constitutional and legal guarantees.
(b) The Public Guardian [1] shall be a public prosecution representative agent for the people to lodge complaints against public entities and public officials. The guardian of the public shall not sue or prosecute the people.
(c) The Guardian shall not be subject to the exclusive jurisdictional norms of procedural law when carrying out an investigation. The Guardian has the right to supervise and direct public security organs or prosecutors in an investigation, and has the same performance appraisal rights granted to all constitutional guarantors.
(d) The Public Guardian can intervene to supervise the conducting of justice at any time and any place.
4. The National Audit Office: The Audit Office has audit prosecutors.
(a) Acting on behalf of the people's interests, the National Audit Office shall, in accordance with the Constitution, review financial revenues and expenditures at all levels of government agencies, assess financial efficiency, verify final accounts, inspect financial operations and confirm financial liabilities.
(b) If the auditor’s position is found to be in error, the right to pursue further action may be exercised after certain procedures are taken.
5. The National Impeachment Office is staffed by an impeachment officer.
(a) This department is responsible for the impeachment of public officials at all levels of the executive, legislative, judicial and prosecutorial branches. If no justifiable reason is forthcoming from those who violate election procedures and/or the inauguration oath, a case for impeachment will be made.
(b) Impeachment prosecutors may directly pursue cases in relevant courts, and appeal to terminate their public power or rework their organization if necessary.
6. The Prosecution and its affiliated prosecutorial organizations, the Public Protector Office, the National Audit Office and the National Impeachment Office shall be prescribed by law.
Section 3. Permanent Peace Standards 7.3 (Elected Prosecutor General, and the Law Internalization Council)
1. The Prosecutorial Branch shall be entirely independent of the legislative, executive and judicial branches, and its prosecutorial [2] and supervisory powers may be independently exercised.
2. The Prosecutor General shall be directly elected [3] , and all candidates for the post shall put forward prosecutorial policies, systems, personnel, budgets, evaluations, performance, appointments and dismissals in relation to prosecutorial powers, training, etc., to ensure they keep pace with the times through continuous reform, and are directly responsible to the people.
3. The qualifications for the post of the Prosecutor General shall be the same as those for the President, including passing an exam regarding the Constitution [4] . The term of office shall be five years, with no right to run again within six years. Salary and benefits shall be unchanged for six years after leaving the post, and no political activities or work in a private for-profit company shall be allowed, with violators sanctioned by law.
4. The elected Prosecutor General shall nominate 12 members of the Law Internalization Council, with the minimum age 45 years old. They will head 12 committees in the Parliament, with their term of office concurrent with that of the Prosecutor General. When inaugurated, they shall openly swear together with the president-elect to renounce party membership and cut party relations, and withdraw from political and business activities. Members of the Law Internalization Council shall have no voting rights in cases like impeachment of the Prosecutor General in the Legislature; and unless they are nominated for another term with the council, designated a lifelong legislator or serve on the Committee for Permanent Development or the International Law Localization Council, during the first three years following the end of term or retirement they shall continue to distance themselves from activities related to political parties and business, while their remuneration and benefits shall remain unchanged during this period. All violations of this clause shall be sanctioned by law.
5. The Prosecutor General shall also serve as Chief Prosecutor of the highest prosecutorial court. The Prosecution has the right to select and recruit appropriate prosecutors, lawyers and expert scholars from across the country to act as constitutional prosecutors. They can also be seconded with domestic and foreign professionals to assist in handling cases or planning. Prosecutorial organs at all levels shall investigate corruption, economy and finance cases, and if necessary, handle the cases until they are finally resolved.
6. Those who have been subjected to judicial persecution, including defamation cases, false cases, wrong cases, or indiscriminate prosecutions and acquittals, or other persons who have been subjected to judicial persecution due to political factors, may be candidates in elections for prosecutors or local level inspectors. No party nomination or joint recommendations are necessary, instead only a 5% guarantee fee is needed, and the candidate receiving the greatest number of total votes shall win the election [5] .
7. Election procedures for the Prosecutor General, vacancies of members of the Law Internalization Council, and local prosecutorial posts shall be prescribed by law.
Section 4. Permanent Peace Standards 7.4 (Elected Local Prosecutorial Chiefs and Deputies)
1. Local Prosecutorial Chiefs and Deputies shall be directly elected. Candidates for the positions of local prosecutorial chiefs and deputies shall include any prosecutor, judge, lawyer, law professor or equivalent who is at least 40 years old and either a citizen of this nation or of any fully-democratic nation. Term of service is two years, and running for another term is allowed.
2. The names of all candidates in an election for local prosecutorial chiefs and deputies shall all appear on a single ballot. Each voter can select one candidate, and the candidate receiving the greatest number of votes is elected Prosecutor General, the second highest vote-getter will be First Deputy Prosecutor General, and the third highest vote-getter will be Second Deputy Prosecutor General.
3. Decrees issued by the Prosecutor-General shall be countersigned by the Deputy Prosecutor General.
4. Decrees issued by a Prosecutorial Chief shall be countersigned by the Prosecutor General or a Deputy Prosecutor General.
5. If the number of prosecutors in a local prosecutorial agency is less than three, a prosecutor may be appointed by a neighboring local prosecutorial agency with no need to hold an election.
Section 5. Permanent Peace Standards 7.5 (Prosecutors' Powers and Responsibilities)
1. Prosecutors are representatives for justice who are totally independent of the legislative, executive, and judicial branches. They supervise and aid in criminal investigations, prosecuting, assisting private prosecutions, conducting private prosecutions, monitoring, and directing the execution of criminal judgments and other laws and regulations in accordance with the Constitution.
2. Prosecutors are guardians in the world of justice. They shall not acknowledge laws that are unjust or evil, and they shall ensure that no one is above the law and that no one is deprived of their rights under the law.
3. Any matter involving the rights and obligations of the people shall be authorized by a prosecutor and investigated. The prosecutor may supervise any investigation or directly intervene any time he/she sees fit.
4. With the exception of jurisdiction of elected prosecutors, prosecutors’ monitoring actions [6] shall not be limited by exclusive jurisdiction.
5. Prosecutors shall be assigned to geographical areas based on the principles of public lotteries.
6. Before or after a decree is published, the Prosecution may request the Constitutional Court to review its constitutionality. In addition, local cases and decisions method may be submitted by local prosecutorial agencies to higher administrative courts in the same locality for constitutional examination.
7. All administrative agencies (including the Legal Affairs Department of the State Council / The Legal Affairs Department of the Ministry of the Interior / The Legal Affairs Department of the Ministry of Finance, etc.) may set up executive prosecutorial offices to carry out administrative inspections in accordance with the law, coordinate with prosecutors to conduct investigations, and assist prosecutors in prosecuting and implementing enforcement of lawsuits, execution of criminal judgments and other duties as defined by other laws and regulations [7] .
8. When a prosecutor finds that an essential law is lacking, he/she should promptly report it to the Prosecutor General, and assign a number of his legal experts to help put together a legislative patch.
9. When a prosecutor discovers that a law is lacking, he/she must also be responsible for any unlawful legislation that ensues.
10. No individual or legal entity (a political party, a stock listing or a publicly funded director or supervisor) may obtain improper benefits through illegal actions of him/herself or others.
11. Anyone who has a substantial influence on a government agency or a public agency and draws unlawful benefits from it shall be liable to lawsuits and claims.
12. Those who occupy land unlawfully should return it; and those who have occupied public land for more than 20 years should abandon it. The principle of residential justice should be implemented, and all injustices should be corrected.
13. Protecting civilians and avoiding self-incrimination. Public officials who are charged with illegal behavior should defend themselves, including but not limited to proving that they have not resorted to torture, violence, coercion, degradation, bullying or other means to force the plaintiff to plead guilty. If a financial source is unknown; it can have a substantive influence that affects others' crimes. See the UN Anti-Corruption Convention and its enforcement laws.
14. With the exception of arrests, searches or court decisions in accordance with the law, no one shall enter a residence in any name without the consent of the occupants. No searches shall be conducted at night except when crimes are in progress.
15. From the time when the people are controlled by public authorities to the time they are free from being controlled, the whole process shall be recorded with two sets at the same time and kept separate as evidence. There shall be no interruption, no dead spots, and no excuses for mechanic failure. Any interruption, loss, distortion, or theft shall be subject to no-fault compensation and criminal liability. Any related personnel should all be jointly and severally liable.
16. The same prosecutor has the right to pursue a final appeal for the same case; if he/she is unwilling to pursue the final judgment, he/she shall be obliged to assist a senior prosecutor to understand the case. And at the request of the senior prosecutor, he/she is obliged to accompany the team to court and pursue justice. .
17. Prosecutors should never cease pursuing justice and implementing transformational justice (§5.9)
18. The safety of prosecutors and their families may be threatened by the performance of their prosecutorial functions, and relevant national authorities should provide them with complete security protection [8] .
19. Prosecutors set the standards for rule of law in civilization. Direct election of the head of the judiciary shows that prosecutorial power is granted by the people, not by the state.
20. The state should establish a multi-layered monitoring system [9] . The structure and the relationships between powers and responsibilities of the prosecutor, the officer of prosecutorial administration, and the judicial police shall all be prescribed by law.
Section 6 Permanent Peace Standards 7.6 (Initiating Prosecution: Global Law — Our Dream, the World’s Dream)
1. When a prosecutor is performing his/her duties, he/she should promote "human beings" as the subject of heaven and earth. Regardless of international law or domestic law, the ultimate goal is to protect every human being.
2. The Prosecutorial Branch of government shall implement "Global Law, Our Dream, the World’s Dream" for all human beings. Prosecutions shall be carried out in accordance with international law, followed by the Constitution and laws of our country, followed by examples of constitutional or legal provisions of other fully democratic countries in order to demonstrate universal justice.
3. All prosecutorial organs are obliged to build up Taiwan as the birthplace of global law (multi-source common law) and lay down a foundation for permanent peace and development.
Section 7 Permanent Peace Standards 7.7 (People have the Right to choose a Trial System)
1. The sovereignty of a country belongs to the people. Criminal suspects can demand that the right to sue and the right to prosecute be returned to the people and a jury of peers to decide whether one is guilty.
2. Any criminal suspect who has not faced a jury or has new evidence, whether in the first or second stage of prosecution, has the right to request a re-trial to hand over judgment to the people and all a jury to determine guilt or innocence.
3. The State shall, according to the severity of the crime, set up a jury system consisting of a number of local panels with 6 members, intermediate panels with 12 members and grand juries with 24 members.
4. Paradigm shifts in the jury system shall be prescribed by law. (According to §1.8, §8.7.8)
Section 8 Permanent Peace Standards 7.8 (Developing a Predictive Judgment System of Global Laws)
1. The Prosecution should evaluate the Parliament to establish a comprehensive database [10] of the latest global regulations, so that people can access the Internet at any time and any place, master their own future, and put together a nation of truth, goodness, beauty and holiness.
2. The Prosecution shall establish a “Predictive Judgment System of Global Laws” with an accuracy rate of 2/3 or greater, depending on the countries eyed on each continent. Anyone can go online at any time to predict how a court will decide [11] , and everyone is equal and has equal opportunities before the law. The Predictive Judgment System of Global Laws shall be prescribed by law.
3. International responsibility. The state should prepare a budget to promote universal reviews of the unity concept, and to establish a great cause for [Taiwan], great love for the earth, great laws for the world, and great unity for all nations.
Section 9 Permanent Peace Standards (Administration of Oaths of all Government Officials — Protection of Constitutional Rights of the People)
1. In our nation, the sovereignty of a country belongs to the people, who are the only source of state power. (See §1.3). The people directly exercise their power through state organs and local autonomy government. The right to make and amend the Constitution belongs only to the people. Neither the state nor its organs nor civil servants should deprive anyone of this right. No one can usurp the power of the state (cf. §1.).
2. The President, the Speaker of the Parliament, the Head of the Judicial Branch and the Prosecutor General will be administered the oath of office by court justices, while the oath of office for other central civil and military officials will be administered by a civil guard at the local prosecutorial agencies.
3. The Pubic Protectors and prosecutors shall prevent persons in power from initiating constitutional formulation or constitutional amendments (§2.3), have the right to sue directly in the Constitutional Court, and request the right to initiate emergency disposition [12] (see § 7.4.6).
Section 10 Permanent Peace Standards 7.10 (Protection of the Right to Resist Unconstitutional Actions)
1. We affirm that a ny law which does not carry penalties is not a law, and a constitution that does not countenance resistance is not a constitution. When public actions are unconstitutional and violate the principles of permanent peace, or a set of human justice systems or the liberal democratic constitutional order, while no remedy is at hand, everyone in the world has the right to resist [13] .
2. According to the trials of the International Court of Nuremberg and the Tokyo International Court of Justice, when international laws governing basic human values are inconsistent with national laws, individuals must violate national laws and exercise their right of non-cooperation or resistance.
3. When safeguarding international absolute laws according to Article 2.4 of the UN Charter prohibit the use of threats or force, the Convention on the Prevention and Punishment of the Crime of Genocide, Convention on the Crimes against Humanity, Convention on Human Trafficking, the Convention on the Prohibition of Racial Discrimination, The preamble to the UN Charter, the Convention against Torture, the International Convention for the Protection of All Persons from Enforced Disappearance, and the Convention on the Reduction of Statelessness, individuals must violate national laws [14] and exercise the right to non-cooperation or resistance.
4. In order to defend the constitutional order of freedom and democracy, the military has the right to resist betrayal or surrender by a commander, whether at the front or the rear, in battle or in preparation for combat. Therefore, any military personnel who defended freedom and democracy for sovereignty should at least rise three levels of his/her pay grade, and be honored in Martyrs’ Shrine post-mortem.
5. Adapting the Constitution of permanent peace is the absolute law [15] inherent in the people, and any law against it is ineffective.
6. The consequences of the people exercising the right of resistance, disobedience, and non-cooperation are all to be settled according to the Constitution. The government has no right to pursue the people with laws below the constitutional level.
Section 11. Permanent Peace Standards 7.11 (The Transitional Provision of Prosecution– The powers extended herein are rescinded once transition is complete)
1. The main operations of the Supervisory Office shall be transferred to the Prosecution and the Parliament. On the day when the Prosecution begins operation, the Supervisory Office will be abolished simultaneously.
2. The structure and facilities of the prosecutorial agencies and courts at all levels of the Ministry of Justice shall be handed over to the prosecutorial agencies at all levels, and relevant personnel and operations will be transferred to the Ministry of the Interior. The procedural offices of the Ministry of the Interior and prosecutorial agencies at all levels shall share existing structures and facilities with the prosecutorial agencies at all levels. On the day the Prosecution begins operation, the Ministry of Justice will be rescinded simultaneously.
3. The National Statute Database of the Ministry of Justice shall be transferred to the Global Regulations Database of the Parliament.
4. The Judicial Officer Training Institute of the Ministry of Justice shall be transferred to the Prosecution and renamed the Judicial Officer College. The former Forensic Institute of the Ministry of Justice will also be transferred to the Prosecution.
5. The agencies under the Ministry of Justice such as the agency of investigation, political affairs, honest politics, corrections etc. and their respective prisons will be renamed and transferred to the Inspection Agency of the Ministry of Internal Affairs.
6. Once this Charter has been approved by the people, each branch shall establish a transfer team to actively arrange transfer of duties and equipment.
7. If necessary, the State Council shall set up a legal department for inter-ministerial meetings to coordinate the needs of state affairs.
8. All ministries will manage their respective administrative divisions.
9. This section shall be rescinded once the transition is complete.
[1] See § 181 of the Constitution of the Republic of South Africa : The following state institutions strengthen constitutional democracy in the Republic: (a) The Public Protector.
[2] With regard to the independence of prosecutorial powers and direct election of the Attorney General and the Prosecutor General, refer to provisions of the Maryland State Constitution and the Constitution of the People's Republic of China. Please see 33 above.
[3] All state power stems from the consent of the people; the prosecutorial system shall be fully democratized and accountable.
[4] Successive terms lead to collusion and endanger administrative neutrality. This Constitution advocates maintaining the same terms of office as an institutional incentive for prosecutorial independence.
[5] History has repeatedly shown that regardless of the legislative-executive-judicial- prosecutorial structure, self-regulatory reform is ineffective. Judicial reform can only succeed with non-power holders initiating heteronomous legal reforms with the pressure of competition.
[6] Integration of prosecutorial powers means that any prosecutor who finds injustice anywhere has the right to directly pursue prosecution. This is designed to prevent local prosecutors from being blinded individually or collectively, at the expense of fairness and justice. However, the jurisdiction of elected prosecutors is limited to their constituencies.
[7] There are prosecutors belonging to administrative organs who are appointed as agents of the administrative organs, an approach followed in France; those positioned as defenders of administrative organs, such as in the US; those who are positioned as public welfare representatives or public welfare defenders, as in Japan.
[8] §5 of the Guidelines for the Role of United Nations Prosecutors .
[9] Power corrupts people, and absolute power leads to absolute corruption! Integration of Prosecutorial Powers makes it an engine of public prosecution. Until absolute power is abolished, it will not be able to push a country toward great times, great integrity and great development.
[10] See The World Constitutional Encyclopedia , “ the Global Criminal Code ” , “ the Global Civil Code ” , and “ the Global Administrative Code ” , edited by Huang Chien-ming and published by the Permanent Peace Partnership, PPP, https://lawlove.org
[11] The Guardian: A team of scientists from University College London, Sheffield University and the University of Pennsylvania in the US have jointly developed a new artificial intelligence program with built-in algorithms that can identify case data and successfully predict outcomes. The accuracy of predicted verdicts in trials reached about 80%. 2016
[12] Human history has repeatedly shown that constitutional reforms initiated by those in power has always kidnapped the power of the people.
[13] See §20 Imperial Clause of the German Basic Constitution : Resistance; §79 The right to resist may not be abridged.
[14] Definition of the absolute law ( jus cogens ): According to the latter part of Article 53 of the Vienna Convention on the Law of Treaties: the international community of states accepts and acknowledges that no derogation is allowed, and only norms in general international law that will have the same nature in the future are subject to change. The same applies to treaties and continuity of the jus cogens in §64: in the event of a new norm in international law, any existing treaty which is in conflict with that norm becomes invalid and void.
[15] "Absolute Law" or "Compulsory Law": It cannot be changed by a regime or a generation of people, and any law is incompatible with it.
