No Support JavaScript

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

Print Time:2024/11/22 09:06
:::

Chapter Law Content

CHAPTER IV TRIAL PROCEDURE
Section 6 APPEALS
Article 89
An appeal may not be filed on the grounds that a citizen judge lacks the necessary qualifications set forth in Article 12, Paragraph 1, or that he or she should have been ineligible for circumstances set forth in Articles 13 and 14.
Article 90
The parties and the defense attorney may not petition for investigation on a new piece of evidence unless where there is one of the following circumstances and the said investigation is necessary:
1. Where there exist circumstances set forth in Subparagraph 1, 4 or 6 of Paragraph 1 of Article 64;
2. Where the failure to investigate the piece of evidence in question in the trial proceedings of the first instance was not due to the negligence on part of the parties; or
3. Where the new facts or new pieces of evidence in question were created or formed only after the conclusion of the proceedings of oral arguments in the proceedings of the first instance.
The court of second instance may base its decision on evidence that is found admissible and has been legally investigated by the original court in the first instance.
Article 91
With regard to an appeal against a judgment made in a case with the participation of citizen judges, the court that hears the appeal shall exercise its authority appropriately, taking the purposes of the system of civil participation in criminal trials fully into consideration.
Article 92
Where the court of second instance finds that the appeal is meritorious or that the original judgment is inappropriate or illegal despite the appeal is without merits, the said court of second instance shall reverse the part of original judgment against which the appeal is made. However, the court of second instance may not reverse if it finds that the fact-finding of the original judgment is contrary to the rules of experience and logic but the said error has no significant impact on the outcome of the case.
The second instance court that reverses the original judgment shall adjudicate the case with its own judgment. However, with regard to the circumstance where the original judgment is reversed on ground of one of the following circumstances, the second instance court shall make a judgment to remand the case to the original court:
1. Where the pronouncement of mistake in jurisdiction, exemption from prosecution, or dismissal of case was inappropriate;
2. Where a circumstance stipulated in Subparagraphs 1, 2, 6, 7, or 13 of Article 379 of Code of Criminal Procedure existed;
3. Where a requested item was not adjudicated;
4. Where a pronouncement of not guilty was made in violation of the laws and regulations and such a ruling impacted on the finding of facts, or where a finding of facts erred and impacted on the judgment; or
5. Where the court of second instance, taking the purposes of the system of civil participation in criminal trials and the protection of the right of defense for the defendant into consideration, finds the remand appropriate.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)