Chinanews.com, 1 Jan -- According to Taiwan's "China Times," former Taiwan leader Chen Shui-bian and his wife were accused of embezzling more than 15 million yuan (NT$, the same below) for "official jet fees." The Democratic Progressive Party (DPP) used its ruling advantage to "amend the law" to eliminate the crime and write off all criminal liabilities at one time. However, Chen Shui-bian claimed that he did not have the "ability to adjudicate," but he was found to be the agent ad litem of his daughter Chen Xingyu, defending the medical malpractice lawsuit in the dentist's office. The legal circles questioned whether Chen Shui-bian was playing with justice and evading criminal responsibility because he could not appear in court for trial "due to illness" but was able to help his daughter fight a lawsuit.
The Taiwan region originally stipulated that "if the defendant loses his mind, the trial shall be stopped before the defendant resumes." On December 2023, 12, the "Legislative Yuan" of the Taiwan authorities passed the "Amendment Law", changing the ability to adjudicate to the same as the capacity for responsibility, and if the defendant does not understand the meaning of the litigation act due to mental or other mental disorders, or lacks the ability to act in litigation according to his understanding, the trial shall be stopped before the defendant recovers.
People in the legal circles pointed out that Chen Shui-bian was incapable of trying cases "due to illness" and that the court had ruled to stop the trial of all four corruption cases, and that according to the regulations, Chen Shui-bian had no "ability to take responsibility" because of his mental and mental disability, so how could he act as his daughter's agent ad litem and write a reply for her to conduct judicial proceedings?
Chen Shui-bian was issued a lawyer's certificate in 1974, but his lawyer's license was revoked in 2021 due to the case. Between 2020 and 2021, a patient surnamed Zhou went to Chen Xingyu's dental clinic for dental implants and dentures, and paid 1,15 yuan. However, the patient surnamed Zhou alleged that Chen Xingyu violated the duty of care necessary for medical treatment, causing two dental implants of different heights and lengths, crooked crown angles, and too small occlusion reserved space, etc., and improperly removed the gum flesh, and demanded compensation of 2.130 million yuan.
Chen Shui-bian acted as an agent ad litem for his daughter, arguing that although Chen Xingyu cut and adjusted the gingival flesh during the course of treatment, it was because the gingival flesh needed to be cut and corrected during the dental implant process before the implant could be implanted, which was in line with medical practice, and the treated teeth did not have any foreign body residue except for the implant and bone meal, which was in line with the medical standards of ordinary clinics, and there was no medical negligence or non-performance of debts.
The Tainan District Court also held that it could not prove that Chen Xingyu had medical negligence and non-performance of debts, and the judgment on October 10 last year rejected it and could be appealed. In other words, Chen Shui-bian won the lawsuit he fought on behalf of his daughter.