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

Print Time:2024/11/24 20:41
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Chapter Law Content

CHAPTER VI ASSESMENT OF SYSTEM OF TRAILS WITH THE PARTICIPATION OF THE CITIZEN JUDGE
Article 104
The assessment of the system of civil participation in criminal trials shall be started from January 1st, 2023 for 6 years; the Judicial Yuan may extend or shorten the assessment period when necessary.
Article 105
The Judicial Yuan shall promptly constitute the Committee for the Assessment of System of Civil Participation in Criminal Trials (hereinafter referred to as "the Assessment Committee") after the entry into force of this Act. The Assessment Committee shall conduct necessary research and submit an annual assessment report on the implementation of the system of civil participation in criminal trials in the previous year.
The Assessment Committee shall submit its final report within a year after the completion of assessment period. The final report shall contain a holistic assessment of the implementation of the system of civil participation in criminal trials, and recommendations for possible amendment of the law or for relevant complementary measures.
Article 106
The Assessment Committee shall be composed of 15 members. The President of Judicial Yuan shall serve as a member as well as the chairperson. The remaining members shall be two (2) representatives of the Judicial Yuan, one (1) representative of the Ministry of Justice, two (2) representatives of judges, two (2) representatives of prosecutors, two (2) representatives of attorneys and five (5) representatives of scholars, experts, and just and fair individuals. Members of either gender shall not be less than one-third of the total.
The scholars, experts, and just and fair individuals referred to in the preceding paragraph shall include three (3) scholars and experts specializing in legal studies and professions other than jurisprudence, and two (2) just and fair individuals with other backgrounds.
The members of the Assessment Committee shall not be stipendiary. Apart from the President of the Judicial Yuan, members of the Assessment Committee shall be designated by the following method before the effective date of this Act:
1. The representatives of the Judicial Yuan shall be appointed by the President of the Judicial Yuan from the personnel thereof and shall be ex officio;
2. The representatives of the Ministry of Justice shall be appointed by the Minister of the Ministry of Justice from the personnel thereof and shall be ex officio;
3. The representatives of judges, prosecutors, and attorneys shall be appointed by the Judicial Yuan, the Ministry of Justice, and Taiwan Bar Association respectively; and
4. The representatives of scholars, experts, and just and fair individuals shall be appointed jointly by the President of the Judicial Yuan, the representatives of the Judicial Yuan and the Ministry of Justice, and representatives of judges, prosecutors, and attorneys referred to in the preceding Subparagraph.
Where there is a vacancy in the members of the Assessment Committee, the alternate members shall be appointed through the original selection method if the vacancy exists in the President of the Judicial Yuan, representatives of the Judicial Yuan, representatives of the Ministry of Justice, or representatives of judges, prosecutors, or attorneys. Where the vacancy exists in representatives of just and fair individuals, the alternate members shall be appointed jointly by the incumbent members of the Assessment Committee.
Article 107
The Assessment Committee shall employ an executive secretary, and two (2) to five (5) administrative assistants. The executive secretary shall be designated or employed by the Judicial Yuan, and the administrative assistants shall be employed by the Judicial Yuan.
The executive secretary shall follow the instructions of the chairperson of the Assessment Committee in carrying out functions such as gathering information, preparing for meetings and dealing with other general affairs.
Regulations regarding the employment, responsibilities, administration, and performance evaluation of the said executive secretary and administrative assistants shall be prescribed by the Judicial Yuan.
Article 108
Where it is necessary to carry out the assessment of the system, the Judicial Yuan may employ suitable persons as researchers. However, the researchers shall not be more than six (6) persons.
The researchers shall follow the instructions of the Assessment Committee in conducting research on the assessment of the system of civil participation in criminal trials.
Regulations regarding the employment, responsibilities, and performance evaluation of the researchers shall be prescribed by the Judicial Yuan.
Article 109
The Judicial Yuan shall budget for the necessary expenditure of operating the Assessment Committee.
Article 110
Regulations governing the organization of the Assessment Committee shall be prescribed by the Judicial Yuan.
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