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

Print Time:2024/11/25 14:16
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Chapter Law Content

Chapter III Objections and Ruling Proceedings
Article 12
As stipulated under Article 87 of the Act Governing the Punishment of Violation of Road Traffic Regulations, the duration for filing an objection with a court of the proper jurisdiction is to begin on the following day upon the service of a decision, and may deduct time occupied in travel and petition for restoration of original condition, as permitted by law.
Article 13
Making an objection shall require that the judicial statement paper be used, citing the reason of the objection, which is to be filed with the agency that issued the initial penalty. Within five days upon receiving an objection statement, the original agency that issued the penalty shall promptly forward the case file and relevant evidence to a district court or its branch traffic court that holds the jurisdiction.
Article 14
The original agency that issued the penalty, when reviewing the reason of the objection, may issue a letter of opinions; the traffic court, when deemed necessary, may also order one be presented within a specified deadline.
Article 15
An objection shall not be effective to suspend the execution of punishment, except for one that has been given such suspension ruling by court according to laws.
Article 16
With regard to the objection cases, the traffic court, when deemed necessary, may interrogate the person sanctioned and related contingent parties, summon witnesses, and order examination and make inspection.
Article 17
When presiding objection cases, the traffic court shall promptly conclude its ruling within fifteen days after receiving the case file, unless under special circumstances.

Of the foresaid cases that involve suspicious criminals, a court ruling may be issued to suspend the proceeding prior to concluding a criminal litigation.
Article 18
Where the traffic court considers that an objection is inconsistent with the legal formalities or the right of objection has already extinguished, it shall dismiss that objection by a ruling; provided that where the deficiency in legal formalities is amendable, the court shall order an amendment to be made within a prescribed period. While the aforesaid period goes past, the amendment is still not made, the court has to dismiss the case.
Article 19
If the traffic court considers an objection is groundless, it shall dismiss such objection by a ruling.
Article 20
Where the traffic court considers that an objection is founded on reason or that though the objection is not founded on reason yet the original decision is improper or unlawful, it shall set aside such portion of the said decision objected from and render its own ruling on the case; provided, that where the original decision is set aside because of the original agency's improper ruling of "Mistake in Jurisdiction," the court may transfer the case to a court having jurisdiction.
Article 21
Court rulings as referred to in the preceding three articles shall be accompanied with reasons therefor.
Article 22
A traffic court judge shall give the original copy of the ruling to the clerk within three days after it is made, whereby the clerk shall note down the year, month and day of acceptance and sign his/her signature.

The clerk shall make true copies of the aforesaid ruling, which are to be delivered to person making the statement of objection, and the original agency that issued the penalty.

The aforesaid delivery shall be made within five days from the date that the original copy of the ruling is accepted.
Article 23
All written documents pertaining to objection cases are to be delivered by postal forwarding service, and may entrust a police agency to carry out the delivery when deemed necessary.
Article 24
A person sanctioned may waive his/her rights to file an objection.

A filed objection may be withdrawn prior to the conclusion of a ruling.
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