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Title: The Criminal Speedy Trial Act CH
Announced Date: 2010-05-19
Category: Judicial Yuan(司法院)
Article 1
This Act is enacted to ensure fair, legitimate and speedy criminal trials so as to protect human rights and the public interest.
Matters other than prescribed hereinto, other relevant laws shall apply.
Article 2
The court shall conduct investigation of evidence speedily and comprehensively in accordance with the law, ensure a fair trial, establish facts effectively and deliberately so as to be the basis for rulings and verdicts, and to protect the legitimate rights and interests of the parties and the victim..
Article 3
The parties at issue, agents, defense attorneys and other people who participate the proceeding and engage in litigation acts shall exercise their rights on the litigation proceeding in accordance with the principle of good faith, and shall not misuse or delay the exercise of such rights without good cause.
Article 4
The court shall conduct preliminary proceedings in conformity with relevant provisions in the Code of Criminal Procedure, and after the preliminary proceeding is completed, the court shall proceed with continuous trials at the earliest possible time so that the case can be disposed effectively and speedily.
Article 5
Where the accused is in detaintion, the court shall give priority to the trial of the case and conduct continuous trials at the shortest time limit.
Where the accused has committed an offense punishable with the death penalty,life imprisonment,or a minimum punishment of imprisonment for no less than ten years,the extension of detention may be allowed 6 times during the first instance and the second instance respectively,and one time only during the third instance.
The accumulated period of detention during the trial shall not exceed eight years.
Where no final judgement is made at the expiration of the detention period prescribed in the preceding paragraph, the detention shall be deemed cancelled and the court shall release the accused. Where the accused is kept in detention , the court shall give priority to the trial of the case and conduct continuous trials at the shortest time limit.
Article 6
The publice prosecutor shall bear the burden of proof and persuasion to convince the court the facts of the crime charged against the accused. Where the evidence provided by the prosecutors is insufficient to prove that the accused is guilty, or the method of proof indicated fails to convince the court to a guilty verdict, the principle of presumption of innocence shall apply.
Article 7
Where no final judgement is made after eight years from the date the case is pending in the first instance, except when a not guilty verdict shall be rendered, the court may, upon the request of the accused, and after considering the following circumstances, reduce the sentence at discretion if the court concludes that the accused right to a speedy trial is gravely violated so that remedies shall be provided:
1. Whether the delay in litigation proceeding is caused by the accused;
2. The balance between the complication of the case in terms of legality and facts and the delay in proceeding;
3. Other circumstances related to the speedy trial.
Article 8
A case shall not be appealed to the Supreme Court if it is more than six years from the date the case is pending in the first instance and after being remanded by the Supreme Court for the third time, the court of second instance upholds the not guilty judgement rendered by the first instance or its not guilty judgement has been upheld by courts of the same instance for more than twice before remanding.
Article 9
Except for the circumstances provided for in the preceding Article, if the court of second instance reaffirms the not guilty judgement rendered by the first instance, the reasons for appeal are limited to the following conditions:
1. The law or order applied in the judgement is inconsistent with the Constitution;
2. The judgement is in contradiction to the Interpretation of the Judicial Yuan;
3. The judgement is in contradiction to the precedent.
Articles 377 to 379 and Paragraph 1, Article 393 of the Code of Criminal Procedure shall not apply to the trial of the case specified in the preceding paragraph.
Article 10
Where a judgement is rendered by the court of second instance and is during the period allowed for appeal to the Supreme Court, an appeal has been filed within the appeal period, or the case is pending in the Supreme Court before this Act comes into force, Chapter 3, Part 3 of the Code of Criminal Procedure shall apply to the case of the preceding two Articles.
Article 11
Where a court requires the cooperation from relevant agencies for the purpose of speedy trial, relevant agencies shall give priority to its cooperation to the court as soon as possible.
Article 12
To achieve the goal for speedy trial and human rights protection, the government shall construct an efficient judicial proceeding system, increase suitable judicial personnel and build up a structure and environment that is convenient to retain attorneys.
Article 13
This Act shall apply mutatis mutandis to cases pending in the court before the Act coming into force.
Where the court renders a ruling to extend the detention of a accused before Paragraph 2 to 4 of Article 5 come into force, such ruling remains effective.
Article 14
Paragraphs II to IV, Article 5 shall take effect two years from the date of promulgation. Article 9 shall come into force one year from the date of promulgation. The effective date of the other articles shall be decided by the Judicial Yuan.