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

Print Time:2024/11/22 09:07
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Chapter Law Content

CHAPTER IV TRIAL PROCEDURE
Section 4 TRIAL DATE
Article 65
A citizen judge and an alternate citizen judge shall make an affirmation before the commencement of the proceedings on the first day of the trial date.
An alternate citizen judge that substitutes for a citizen judge shall make another affirmation independently upon taking the place of the citizen judge.
Matters in relation to the procedures, the contents of the affirmation, and the making of the transcript on the occasion of affirmation - making pursuant to the preceding two paragraphs shall be prescribed by the Judicial Yuan.
Article 66
After conducting the procedures prescribed in Paragraph 1 of the preceding article, the presiding judge shall make a full explanation to the citizen judges and the alternate citizen judges on the following matters:
1. The procedures of a trial with the participation of the citizen judges;
2. The authorities, obligations, and sanctions for violation of the obligations of a citizen judge and an alternate citizen judge;
3. The basic legal principles of a criminal trial;
4. The constituent elements of the crime charged by the prosecutor and the interpretation of the relevant provisions of laws and regulations;
5. The estimated time needed for the duration of the trial date; and
6. Other matters that a citizen judge and an alternate citizen judge should take note of.
During the litigation proceedings of the trial date, a citizen judge or an alternate citizen judge may request the presiding judge for an explanation on a question they have relating to matters provided in the preceding paragraph.
Article 67
No trial shall be conducted if any of the citizen judges is absent on a trial date.
Article 68
Unless there exist extraordinary circumstances, the trial shall be held on consecutive trial dates.
Article 69
Matters in relation to the admissibility of evidence, the necessity of the investigation of evidence, the rulings regarding the litigation proceedings and the interpretation of laws and regulations shall be exclusively determined by the panel of judges. The judges may, if they deem it necessary, hear the opinions of the prosecutor, the defense attorney, the citizen judges and the alternate citizen judges before deciding on the above mentioned matters.
A citizen judge or an alternate citizen judge may request the presiding judge for an explanation on a question they have relating to a decision on matters provided in the preceding paragraph.
Article 70
Before conducting the procedures of the investigation of evidence pursuant to Paragraph 1 of Article 288 of Code of Criminal Procedure, the prosecutor shall make a full explanation to the Tribunal with citizen judges the findings of the following matters which have been organized pursuant to Paragraph 2 of Article 47:
1. The facts to be proven;
2. The scope, sequence and methods of investigation of evidence; and
3. The evidence to be investigated and its relevance with the facts to be proven.
Where the accused or the defense attorney claims the facts to be proven or requests for the investigation of evidence, they shall make a full explanation to the Tribunal with citizen judges after the prosecutor's explanation made pursuant to the preceding paragraph. The provision of the preceding paragraph shall apply mutatis mutandis to this paragraph.
Article 71
The presiding judge shall, after the completion of the procedures prescribed in the preceding article, make a full explanation on the outcome of the preliminary proceedings in terms of the organization of contentious issues and the scope, sequence and methods of the investigation of evidence.
Article 72
The presiding judge may, after hearing opinions of the parties and the defense attorney, modify the scope, sequence and methods of the investigation of evidence that was planned during the preliminary proceedings.
Article 73
The parties and the defense attorney who petitioned to summon the witness, expert witness or interpreter may directly examine them after they were identified by the presiding judge identified. Following the examination of the witness, expert witness, or interpreter by the parties and the defense attorney, a citizen judge or an alternate citizen judge may, after informing the presiding judge, request a direct examination by themselves of or request the presiding judge to supplement the examination of the witness, expert witness, or interpreter on a matter within the scope of the facts to be proven.
Following the examination of the defendant by the presiding judge on the facts of the charge, a citizen judge or an alternate citizen judge may, after informing the presiding judge, request a direct examination by themselves of or request the presiding judge to supplement the examination of the defendant on a matter within the scope of the necessary matters in relation to the determination of the criminal responsibility or sentencing.
Following the statement of opinions by the victim or the family members of the victim, a citizen judge or an alternate citizen judge may, after informing the presiding judge, request a direct inquiry by themselves of or request the presiding judge to supplement the inquiry on a matter in a nature of clarifying the statements made by the said victim or the said family members of the victim.
The presiding judge may, if he or she deems a request made by a citizen judge or an alternate citizen judge inappropriate, prohibit them from making the examining or restrict the scope thereof.
Article 74
The record and other documents that qualify as evidence upon which a petition is made by the parties or the defense attorney for investigation shall be read out by the petitioner to the Tribunal with citizen judges, the opposing party, the defense attorney or the assistant of the accused.
Where the documents referred to in the preceding paragraph upon which an investigation is made on the court's own initiative, the said documents shall be read out by the presiding judge to the Tribunal with citizen judges, the parties, the defense attorney or the assistant of the accused.
The reading out of documents provided in the preceding two paragraphs, with the consent of the parties and the defense attorney and the court deems it appropriate, may be replaced by a brief explanation of the essence thereof.
Where the documents provided in the preceding two paragraphs touch on matters that carry implications in the nature of public morals, public safety or the reputation of other people, the said documents, instead of being read out, shall be presented for the review of the Tribunal with citizen judges, the parties , the defense attorney, or the assistant of the accused. Where there are difficulties for the parties or the defense attorney to fully grasp the meanings thereof, the petitioner or the presiding judge shall inform them of the essence of the said documents.
Article 75
The provisions of the preceding article shall apply mutatis mutandis to non-documentary exhibits which have the same effect as documents.
In relation to materials in the form of audio recording, video recording, electronic record or other similar matters that can serve as evidence, the petitioner shall use an appropriate device to show the sounds, images, symbols or information to the Tribunal with citizen judges, the opposing party, the defense attorney, or the assistant of the accused so that they may grasp the contents thereof or the essence thereof be told in brief.
Where the materials referred to in the preceding paragraph upon which an investigation is made on the court's own initiative, the presiding judge shall use the methods provided in the preceding paragraph so that the Tribunal with citizen judges, the parties, the defense attorney, or the assistant of the accused so that they may grasp the contents thereof or the essence thereof be told in brief.
Article 76
Evidence or materials upon which a petition for investigation is made by one of the parties or the defense attorney shall be shown to the Tribunal with citizen judges, the other party, the defense attorney, or the assistant of the accused so that they can identify the said evidence or materials.
Evidence or materials upon which an investigation is made on the court's own initiative shall be shown by the presiding judge to the Tribunal with citizen judges, the parties , the defense attorney, or the assistant of the accused so that they can identify the said evidence or materials.
Where there are difficulties for the parties or the defense attorney to fully grasp the meanings of the evidence or materials referred to in the two preceding paragraphs that are in the form of documents, the petitioner or the presiding judge shall inform them of the essence of the said documents.
Article 77
The parties, the defense attorney, or the assistant of the accused may, after the completion of the investigation on the individual items of evidence, request an opportunity to express his or her opinions. If deemed appropriate, the presiding judge may grant such an opportunity for the parties , the defense attorney, or the assistant of the accused to express his or her opinions.
The presiding judge shall, after the completion of the investigation of evidence, inform the parties, the defense attorney, or the assistant of the accused that they are allowed to express opinions about the probative value of evidence.
Article 78
Evidence shall be submitted to the court immediately right after the investigation pursuant to Articles 74 to 76 is completed. However, with the court's permission, it is allowed to just submit the copies thereof.
Article 79
After the completion of the investigation of evidence, the court shall order the commencement of proceedings in which oral arguments on issues of facts and the law shall be made in the following sequence:
1. Oral arguments presented by the prosecutor;
2. Oral arguments presented by the accused; and
3. Oral arguments presented by the defense attorney.
The proceedings of oral arguments referred to in the preceding paragraph shall be followed by proceedings in which arguments on the scope of sentencing shall be made, in the same sequence as in the preceding paragraph. Before continuing with the proceedings on the scope of sentencing, the court shall offer the complainant, the victim, the family members of the victim, and other people who are allowed to state their opinions according to the laws an opportunity to express their opinions on the scope of sentencing.
After the proceedings of oral arguments referred to in the preceding two paragraphs have been conducted, additional sessions of oral arguments may be held, and the presiding judge may also order further sessions of oral arguments to be held.
Article 80
The trial proceedings shall start anew where there is a change in the citizen judges who participated in the trial, except for the circumstance stipulated in Paragraph 1, Article 37. A new citizen judge may request the presiding judge for an explanation on a question he or she may have.
With regard to the renewal of trial proceedings pursuant to the preceding paragraph, the presiding judge shall take into consideration maintaining the balance between the new citizen judge's level of understanding on the issues and on evidence that has been investigated and the burdens of the citizen judges and the alternate citizen judges as a group.
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