No Support JavaScript

Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 08:50
:::

Chapter Law Content

CHAPTER IV TRIAL PROCEDURE
Section 2 GENERAL PRINCIPLES
Article 44
After the filing of the prosecution until the first trial date matters in relation to compulsive measures and perpetuation of evidence shall be reviewed by a judge of the competent court who does not participate in the trial of case concerned, except for in a circumstance where the limit of the number of judges of the competent court makes assigning the above task to a judge who does not participate in the trial of case concerned impossible.
Under the circumstance stipulated in the proviso of the preceding paragraph, the judge concerned shall not accept nor order for submission of statements or evidence that are irrelevant to the review of compulsive measures concerned.
Article 45
In order to facilitate the understanding of the citizen judges and the alternate citizen judges, to enhance their substantive participation, as well as to avoid imposing undue burdens on their time and psychological status, the judges, the prosecutors, and the defense attorneys shall make the following necessary arrangements:
1. During the preliminary proceedings, arranging the contentious issues in a thorough manner;
2. During the trial proceedings on the trial dates, conducting the investigation of evidence and oral argument in a concentrated and efficient manner; and
3. Upon the requests of the citizen judges or the alternate citizen judges, giving explanations that are adequate in clarifying any possible confusion, and during the final deliberation, allowing their opinions to be fully stated.
Article 46
In conducting the proceedings, the presiding judge shall pay attention that any oral or written statement does not contain materials that would likely lead the citizen judges or the alternate citizen judges to form predetermined or biased opinions, and shall make necessary clarification as well as elucidation at any stage.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)