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

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Chapter Law Content

CHAPTER III CITIZEN JUDGES AND ALTERNATE CITIZEN JUDGES
Section 1 GENERAL PRINCIPLES
Article 8
Unless otherwise provided in the Act, the authority of a citizen judge is the same as that of a Judge.
Article 9
A citizen judge shall perform his or her authority independently pursuant to the laws, free from any interference.
A citizen judge shall perform his or her duties fairly and honestly, and shall not conduct any act that is harmful to the independence and integrity of the judiciary.
A citizen judge shall not disclose any secrets revealed in the course of deliberation nor any other secrets that they came to know during the course of executing their duties.
Article 10
The Court may, as it deems necessary direct the selection of one to four alternate citizen judge(s), who shall take the place of a citizen judge in sequence in the event that the citizen judge cannot perform his or her duties.
The provisions in the preceding two articles shall apply mutatis mutandis to an alternate citizen judge.
Article 11
A citizen judge, an alternate citizen judge and a prospective citizen judge who is summoned to be present at court shall receive daily allowances .traveling expenses and the necessary fees according to the number of days they are in court.
Regulations regarding the payment of daily fees and traveling expenses provided in the preceding paragraph shall be prescribed by the Judicial Yuan.
Section 2 QUALIFICATION OF A CITIZEN JUDGE AND AN ALTERNATE CITIZEN JUDGE
Article 12
A national of the Republic of China who is over twenty-three years old and has resided in an area within the jurisdiction of the District Court for at least four consecutive months shall be eligible for being appointed as a citizen judge or an alternate citizen judge.
The age and duration of residency of each candidate provided in the preceding paragraph shall be calculated up to January 1st of the year in which the second-round roster of the potential citizen judges is made and shall be based on the information recorded in the household registration.
The period of residency in Paragraph 1 shall be calculated from the date on which the moving-in registration is made.
Article 13
A person who falls within one of the following categories shall not be appointed as a citizen judge or an alternate citizen judge:
1. A person who has been deprived of citizen's rights the period of which has not expired;
2. A person who was subject to a dismissal disposition or a disposition of removal from office during the period serving as a civil servant, the period of deprivation of eligibility for appointment has not expired;
3. A person who is currently serving as a civil servant and is subject to a disposition of suspension with pay, suspension, the period of the disposition concerned has not expired;
4. A person whose personal freedom has been restricted in accordance with the laws;
5. A person against whom a prosecutor has initiated a public prosecution or requested a summary judgment of conviction, or a private prosecutor has filed a private prosecution, a final judgment on the aforementioned cases has not been rendered;
6. A person who had been sentenced to punishment of imprisonment by a final judgment;
7. A person who has been sentenced to a minimum punishment of imprisonment by a final judgment and is currently under probation or the expiration of the probation period has yet reached two years;
8. A person who is currently subject to a deferred prosecution or the expiration of the deferred prosecution period has yet reached two years;
9. A person who is currently subject to a disposition of observation for drug abstention or a disposition of rehabilitation that has yet to be implemented, or the conclusion of the implementation has yet reached two years;
10. A person who is subject to an order of guardianship or assistantship and such an order has yet been revoked; or
11. A person who is declared bankrupt or against whom a liquidation proceeding has begun by a court ruling and has yet resumed his or her rights.
Article 14
A person who belongs to one of the following categories shall not be appointed as a citizen judge or an alternate citizen judge:
1. The President or Vice President;
2. An agency head, a political appointee, and an elected representative of all levels of governments;
3. A staff of a political party;
4. A currently serving member of the military or the police;
5. A currently serving or a former judge;
6. A currently serving or a former prosecutor;
7. A currently serving or a former attorney or public defender;
8. A currently serving or a former professor, associate professor, or assistant professor who teaches or taught major legal subjects in a university accredited by the Ministry of Education or in an independent college;
9. A public functionary who serves at the Judicial Yuan, the Ministry of Justice, and their affiliated organizations;
10. A person who has passed the Examination for Judges and Prosecutors or the Bar Examination;
11. A judicial police officer or a judicial policeman; and
12. A person who has yet completed compulsory education.
Article 15
A person who belongs to one of the following categories shall not be appointed as a citizen judge or an alternate citizen judge in a case with the participation of citizen judges:
1. A person who is a victim in the case concerned;
2. A person who is or was the spouse, blood relative within the eighth degree of kinship, relative by marriage within the fifth degree of kinship, head of the house, or members of the house of the accused or victim;
3. A person who has been engaged to the accused or the victim;
4. A person who is or was the statutory agent or assistant of the accused or the victim;
5. A person who is or was the cohabitant or employee of the accused or the victim;
6. A person who is or was the agent, defense attorney, or assistant of the accused, or the agent or assistant of the accused in the supplementary civil action;
7. A person who is or was the complainant, agent of the complainant, informer, witness or expert witness;
8. A person who has participated in the criminal investigation or the trial; and
9. Where there is concrete evidence that his or her performance of the functions cannot be expected to be impartial.
Article 16
A person who belongs to one of the following categories may refuse being appointed as a citizen judge or an alternate citizen judge:
1. A person who is over seventy years of age;
2. A person who is a teacher at a public school or at a registered private school;
3. A person who is currently a student at a public school or at a registered private school;
4. Where it is obviously difficult for a person to perform the duties of a citizen judge or an alternate citizen judge due to a serious illness, an injury, or other physical conditions;
5. Where the performance of the duties of a citizen judge or an alternate citizen judge may lead to a serious effect on the physical or mental health of the person concerned;
6. Where it is obviously difficult for a person to perform the duties of a citizen judge or an alternate citizen judge due to the need to care for or to raise his or her family members;
7. Where there is a need for a person to take care of the necessities in order to rebuild his or her daily life after the essential infrastructure the life depended upon was damaged by a major disaster;
8. Where it is obviously difficult for a person to perform the duties of a citizen judge or an alternate citizen judge due to a significant need in terms of sustaining the daily lives, maintaining the job performance, or fulfilling the family duties;
9. A person who has served as a citizen judge or an alternate citizen judge in the past five years; and
10. In addition to the circumstance provided in the preceding subparagraph, a person who has been a prospective citizen judge and has been summoned to be present at court within the past one year.
The age and duration provided in the preceding paragraph shall be calculated based on the date on which the notice to the citizen judge candidates is served.
Section 3 SELECTION OF CITIZEN JUDGES AND ALTERNATE CITIZEN JUDGES
Article 17
Before September 1st of each year the district court shall notify the municipality, city, or county government within its jurisdiction the estimated number of the potential citizen judges required for the next year.
Before October 1st of each year the municipality, city, or county government referred to in the preceding paragraph shall randomly select the potential citizen judges in the number required by lottery from the eligible individuals within the jurisdiction of the district court with qualifications set forth in Paragraph 1 of Article 12, and prepare a preliminary roster of the potential citizen judges and submit it to the district court.
Regulations on the preparation and management of the preliminary roster of the potential citizen judges referred to in the preceding paragraph shall be prescribed by the Judicial Yuan together in consultation with the Executive Yuan.
Article 18
The district court shall establish a review committee for the potential citizen judges. The president of the district court or a person that appointed by the said president shall serve as a member as well as the convener of the committee. The remaining five committee members shall be appointed by the president of the district court in accordance with the following requirements:
1. One judge of the District Court;
2. One prosecutor of the Prosecutors' Office of the District Court;
3. The Commissioner of the Department of Civil Affairs of the municipality, city, or county government within the jurisdiction of the District Court, or the person appointed by the said director;
4. One attorney representing and recommended by the local Bar Association within the jurisdiction of the District Court, or one recommended by Taiwan Bar Association if there is no such association within the area; and
5. One scholar, expert or just and fair individual within the jurisdiction of the District Court, besides the individuals referred to in the preceding subparagraph.
Article 19
The authority of the review committee for the potential citizen judges are as follows:
1. To review whether the preliminary roster of the potential citizen judges prepared by the municipality, city, or county government is correct;
2. To review whether any of the potential citizen judges shall not be eligible pursuant to Article 13 or 14; and
3. To prepare the second-round roster of the potential citizen judges.
The review committee for the potential citizen judges may gather information and conduct investigation for the review referred to in the preceding paragraph. The authorities retaining the required information shall cooperate.
The regulations on the review procedures, methods of information investigation and gathering, and other authorities to be exercised by the review committee of the potential citizen judges, referred to in the preceding two paragraphs, shall be prescribed by the Judicial Yuan.
The members of the review committee for the potential citizen judges and other relative individuals shall not disclose the personal information they came to know during the course of performing their duties.
Article 20
The district court shall notify each of the potential citizen judges on the second-round roster of the potential citizen judges in writing after the second-round roster is completed.
Article 21
In a trial with civil participation, the court shall, prior to proceedings on the trial date, randomly draw prospective citizen judges from the second roster of the potential citizen judges in the number required by the case and conduct necessary investigations to confirm the non-selection (or removal) either on the ground of disqualifications set forth in the in Article12, Paragraph 1 or on the ground of ineligibility set forth in Articles 13 to 15.
Where the random selection referred to in the preceding paragraph did not produce the required number of prospective citizen judges, the court shall repeat the random selection process in accordance with the preceding paragraph.
Article 22
The court shall notify each of the prospective citizen judges to be present at court by a written notice issued thirty days before the citizen judges selection date.
The written notice referred to in the preceding paragraph shall be accompanied by a summary guideline of the system of civil participation in criminal trials and a qualification form for a prospective citizen judge. A prospective citizen judge shall fill out the qualification form with true and correct information, and submit it to the court ten days before the citizen judges selection date.
The matters to be included in the guideline and qualification form referred to in the preceding paragraph shall be prescribed by the Judicial Yuan.
The court shall conduct necessary investigations after receiving the survey form referred to in Paragraph 2 of this article. The court shall remove a prospective citizen judge where he or she lacks the necessary qualifications set forth in Article 12, Paragraph 1, where there exists a ground of ineligibility set forth in Articles 13 to 15 in his or her profile, or where he or she refuses to serve as a citizen judge after reporting the existence of a ground contained in Article 16. The court shall notify the prospective citizen judge concerned of its removal decision.
Article 23
The court shall provide the prosecutor and the defense attorney with a roster of the prospective citizen judges who shall be present at court two days before the citizen judges selection date of the citizen judges.
For undergoing the selection procedures of citizen judges, the court shall provide the prosecutor and the defense attorney with the qualification forms filled by the prospective citizen judges who shall be present at court for their review. No note-taking, photocopying or video recording of the aforementioned forms shall be allowed.
Article 24
The court shall notify the parties of the case and the defense attorney of the citizen judges selection date.
The accused may choose not to be present on the citizen judges selection date. The court may prohibit the accused from being present or restrict their presence if it deems their being present is inappropriate.
Article 25
The proceedings for the selection of the citizen judges shall not be held in open court, and shall not proceed without the presence of the prosecutor and the defense attorney.
The court may orally inform the date, time, and location for the next session of the proceeding for the selection of the citizen judges, and the punishment of being absent without cause, and put the same on record, which shall have the same effect as a written notice that has been delivered.
Article 26
For undergoing the procedure provided in Article 27, the court may, on its own initiative or upon the request of the prosecutor or the defense attorney, question the prospective citizen judges who are present in court at any time.
The questioning in the preceding paragraph may be conducted directly by the prosecutor or the defense attorney where the court deems it appropriate.
The questioning in the preceding two paragraphs may be conducted by the court to the prospective citizen judges collectively, in groups or individually, and more than once.
To the questions in accordance with the preceding two paragraphs, the prospective citizen judges shall not make any false statement, nor refuse to answer without justifiable reasons.
The prospective citizen judges shall keep any secrets that he or she comes to know in the course of the examination in confidence.
Before starting the initial questioning, the court shall inform the prospective citizen judges of the obligations and legal effects of the preceding two paragraphs.
Article 27
Where a prospective citizen judge lacks the necessary qualifications set forth in Article 12, Paragraph 1, where there exists a ground of ineligibility set forth in Articles 13 to 15 in his or her profile, or where he or she violates the provision of Article 26, Paragraph 4, the court shall, ex officio or upon the petition of the parties or the defense attorney, rule not to select the said person; provided however, the request made by the defense attorney pursuant to Subparagraph 9 of Article 15 shall not contradict the express intention of the accused.
Where a prospective citizen judge meets any circumstances set forth in Article 16, Paragraph 1 and refuses to be selected, the court shall rule not to select the said person.
Article 28
After the completion of the procedure specified in the preceding article, the prosecutor, the accused and the defense attorney may, without giving a reason, request the court not to select any specific prospective citizen judge. However, either of the prosecution or the defense including the accused and the defense attorney shall not make the request for more than four persons.
The request made by the defense attorney shall not contradict the express intention of the accused.
The parties shall take turns in making the petition set forth in paragraph 1, with the prosecutor making the petition first.
Upon the receipt of the request made pursuant to paragraph 1, the court shall rule not to select the prospective citizen judge concerned.
Article 29
After the completion of the procedures of the preceding two articles, the court shall, through a lottery process, randomly select six citizen judges and alternate citizen judges in the number required among the prospective citizen judges who are present at court and the selection of whom has not been ruled against by the court.
The court shall assign a serial number to each of the alternate citizen judges thus selected, which represents their sequence for substituting the citizen judges.
Article 30
In addition to the method of selection specified in the preceding article, the court may, when it deems necessary and with the consent of the prosecutor and the defense attorney, select from prospective citizen judges who are present at court a certain number of ones through a lottery process, followed by assigning a serial number to each of them, and conducting the non-selection-by-rulings process pursuant to Articles 27 and 28. Those prospective citizen judges selected through the aforementioned process who are not subject to a non-selection ruling shall be appointed as citizen judges and alternate citizen judges in the sequence according to his or her serial number to fill the vacancies of the panel until it is fulfilled.
In order to select citizen judges and alternate citizen judges at a number sufficient to compose a panel, the court may repeat the process specified in the preceding paragraph.
Paragraph 2 of the preceding article shall apply mutatis mutandis to the situations stipulated in the preceding two paragraphs.
Article 31
When the number of prospective citizen judges in the roster is not sufficient for filling the vacancies of the citizen judges or alternate citizen judges necessary to compose a panel, the court shall conduct the selection proceedings all over again, instead of randomly selecting citizen judges or alternate citizen judges through a lottery process from the prospective citizen judges who are present to fill the vacancies.
Article 32
No interlocutory appeal may be filed against a ruling made by the court in the course of the selection procedure.
Article 33
For the purpose of conducting investigations on matters provided in Article 12, Paragraph 1 and Articles 13 to 15, the district court may utilize relevant personal information database for auto reviewing, the request of which the competent administrative agencies for management and maintenance shall not refuse and shall provide batch processing query platform and access authority.
Article 34
Regulations on necessary matters in respect of the conducting of the selection proceedings shall be prescribed by the Judicial Yuan.
Section 4 DISMISSAL OF A CITIZEN JUDGE AND AN ALTERNATE CITIZEN JUDGE
Article 35
The court shall rule to dismiss a citizen judge or an alternate citizen judge ex officio or upon the written petition submitted by the parties of the case, the defense attorney, or the assistant where there exists any of the following circumstances:
1. Where the citizen judge or alternate citizen judge lacks the necessary qualifications set forth in Article 12, Paragraph 1, or where there exists a ground of ineligibility set forth in Articles 13 to 15;
2. Where the citizen judge or alternate citizen judge fails to make an affirmation in accordance with the provisions of this Act;
3. Where the citizen judge or alternate citizen judge makes a false statement to the questions asked during the selection process, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties;
4. Where the citizen judge or alternate citizen judge fails to participate in the entirety of the proceedings on the trial dates or final deliberation in accordance with the provisions of this Act, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties ;
5. Where the citizen judge or alternate citizen judge fails to follow the orders given by the presiding judge and disrupts the legal proceedings on the trial dates or final deliberation, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties ;
6. Where the citizen judge or alternate citizen judge jeopardizes the fairness and credibility of the judiciary or discloses confidential information, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties;
7. Where a situation attributable to the citizen judge or alternate citizen judge constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties; or
8. Where the citizen judge or alternate citizen judge cannot perform his or her duties or it is inappropriate for him or her to perform the duties due to a force majeure event.
Before making a ruling in accordance with the preceding paragraph, the court shall hear the opinions of the parties of the case, the defense attorney, or the assistant of the accused and offer the citizen judge or alternate citizen judge concerned an opportunity to state his or her opinion, and this proceeding shall be held in private.
The parties of the case, the defense attorney, or the assistant of the accused may petition for the ruling made pursuant to Paragraph 1 of this article to be revoked and for the court to make a new ruling in its place.
The petition made pursuant to the preceding paragraph shall be ruled by another tribunal of the same court. The litigation proceedings shall be suspended pending the ruling on the said petition.
The ruling to be made pursuant to the preceding paragraph shall be made immediately. The tribunal shall revoke the original ruling and make its own ruling if it deems the petition meritorious.
No interlocutory appeal may be filed against a ruling made under paragraph 4 of this article.
Article 36
In the event that a citizen judge or an alternate citizen judge, after being selected, has difficulties in performing his or her duties due to one of the situations set forth in Article 16, Paragraph 1, Subparagraphs 4 to 8, the said citizen judge or alternate citizen judge may resign from his or her position by submitting a written petition to the court.
The court shall refuse the petition made in accordance with the preceding paragraph by a ruling where it finds the petition without merits; where the court finds the petition meritorious, it shall grant the dismissal of the citizen judge or alternate citizen judge concerned by a ruling.
No interlocutory appeal may be filed against a ruling made pursuant to the preceding paragraph.
Article 37
Where there is a vacancy of citizen judge in the panel caused by the dismissal of citizen judge or alternate citizen judge pursuant to the preceding two articles, the said vacancy shall be filled by the alternate citizen judge next in the sequence in accordance with the serial number pre-assigned to him or her. The vacancy of the alternate citizen judge thus created shall in turn be filled by the alternate citizen judge whose pre-assigned serial number is next in the sequence.
Where there remains no alternate citizen judge to fill the vacancy of citizen judge, the court shall conduct the selection procedures all over again.
Article 38
The duties of the citizen judges or alternate citizen judges shall end upon the occurrence of one of the following circumstances:
1. Where the judgment is rendered; or
2. The court's ruling against the undergoing of the participation of citizen judges pursuant to Article 6, Paragraph 1 becomes final.
Section 5 PROTECTION OF A CITIZEN JUDGE, AN ALTERNATE CITIZEN JUDGE AND A PROSPECTIVE CITIZEN JUDGE
Article 39
In the duration of performing his or her duties as a citizen judge or an alternate citizen judge, or in the duration of being summoned to be present at court as a prospective citizen judge, the organization, institution, school, association, corporation, or factory that employs the citizen concerned shall grant him or her leave for statutory reasons, and shall not impose any unfavorable employment treatment to the citizen concerned for being incumbent or having once served as a citizen judge, an alternate citizen judge, or a prospective citizen judge.
Article 40
Unless otherwise provided in laws or regulations, no one may disclose the personal information, as defined in Subparagraph 1 of Article 2 of Personal Data Protection Act, of a citizen judge, an alternate citizen judge, or a prospective citizen judge.
Regulations on the methods, duration and scope of protection, as well as processing and use of the personal data of a citizen judge, an alternate citizen judge, or a prospective citizen judge shall be prescribed by the Judicial Yuan, in consultation with the Executive Yuan.
Article 41
No one may, with an intention to influence the trial, contact or communicate with a citizen judge, an alternate citizen judge, or a prospective citizen judge.
No one may attempt to gain knowledge of any matter that shall be kept confidential pursuant to the law from any current or former citizen judge, alternate citizen judge, or prospective citizen judge.
Article 42
The court may, ex officio or upon the petition of the parties, the defense attorney, the assistant of the accused, the citizen judge, or the alternate citizen judge of the case, order a necessary protective measures for any citizen judges or alternate citizen judges.
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