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

Print Time:2024/11/22 05:02
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Chapter Law Content

Part VII Summary Procedure
Article 449
The first instance court may decide on a sentence using summary procedures upon the prosecutor's request without going through regular proceedings, if the court finds that the defendant's confession, as provided during the investigation, or other existing evidence, is sufficient to determine the defendant's guilt. However, if necessary, the defendant should be examined prior to sentencing.
As in the case of preceding paragraph, if the prosecutor has begun the prosecution following regular proceedings, but the court then decides that summary procedures are appropriate for the sentencing phase of the trial after the defendant confesses the crime, summary procedures may then be adopted without implementing full trial proceedings.
The pronounced criminal sanction, as determined in accordance with the provisions of the preceding two paragraphs, is limited to probation, fixed-term imprisonment that is convertible to a fine or community service, detention, or a fine.
Article 449-1
(Summary Proceeding)
Cases under summary proceeding may be tried in the summary division of courts.
Article 450
(Summary Judgment (I) – Sentence, Remission of Punishment)
A sentence by summary judgment may also impose a confiscation or other necessary measures.
The proviso of Paragraph 1 of Article 299 shall apply mutatis mutandis to the judgment in the preceding paragraph.
Article 451
(Motion for Summary Judgment)
Where a prosecutor finds it appropriate to sentence the case through summary judgment, he/she may file a motion for summary judgment in writing.
Article 264 shall apply mutatis mutandis to requests specified in the preceding paragraph.
The motion mentioned in Paragraph 1 has the same effect as a prosecution.
A defendant who confesses in the investigation process may petition the prosecutor to file a motion prescribed in Paragraph 1.
Article 451-1
(Specific Sentence Requested by a Prosecutor)
Where a defendant confesses in the investigation process on cases mentioned in Paragraph 1 of the preceding article, he may express his willingnes to the prosecutor the scope of sentence he would undertake, and if the prosecutor consents, records shall be made, and the defendant’s statement shall be the basis for requesting the court to pronounce a sentence or suspension of sentence.
Before a prosecutor requests a sentence or motion in the preceding paragraph, he may consult with the victim, consider relevant circumstance, and order the defendant the following items, after obtaining the victim’s consent:
1. To apologize to the victim;
2. To pay a certain amount of compensation to the victim.
Where a defendant’s confession does not contain contents specified in Paragraph 1, he may make statements to the court during the trial; the prosecutor may also request the court to pronounce a sentence or suspension of sentence based on defendant’s statements.
Under circumstances mentioned in Paragraph 1 and the preceding paragraph, the court shall pronounce a judgment within the scope of sentence or suspension of sentence requested by the prosecutor; unless one of the following circumstances applies:
1. Where a defendant’s offense is not one that may be sentenced by summary judgment pursuant to Article 449;
2. Where facts of an offense established by the court is different from which the prosecutor uses to request a sentence, or where other facts of the same offense in trial are discovered during the trial and the sentence requested by the prosecutor is obviously improper;
3. Where after trial, the court deems it proper to pronounce a judgment of not guilty, exemption from prosecution, case dismissed, or mistake in jurisdiction;
4. Where a request by the prosecutor is obviously improper or unfair.
Article 452
(Trial Procedure)
Where a prosecutor requests to sentence the case through summary proceeding, if the court deems that the proviso of Paragraph 4 of Article 451-1 shall apply, the case shall be tried by common procedure.
Article 453
(Summary Judgment by Court (II) – Immediate Measure)
The court shall impose immediate measures on cases sentenced by summary judgment.
Article 454
A summary judgment shall include the following items:
1. Contents specified in Paragraph 1 of Article 51;
2. Facts of an offense and the evidence;
3. Applicable articles of laws;
4. Items listed in subparagraphs of Article 309;
5. An announcement that an appeal may be filed within 20 days after the service of the summary judgment. For a summary judgment against which an appeal may not be filed, this rule does not apply
The written judgment as provided in the preceding paragraph may be done in a summary manner.
If the court finds that facts of an offense, the evidence, and applicable laws identical with the public prosecutor’s request for summary judgment on a sentence or with the written prosecution, the court may quote the contents directly from the prosecutor’s writings.
Part VII-III Participation in Proceedings by the Victim
Article 455
(Service of the Official Summary Judgment)
Once a clerk receives the original summary judgment, he shall promptly produce the official summary judgment for service and apply mutatis mutandis Paragraph 2 of Article 314.
Article 455-1
(Appeal against a Summary Judgment)
Those who disagree with a summary judgment may appeal to the collegiate bench of the competent district court of second instance.
A sentence judgment by a request pursuant to Article 451-1 may not be appealed.
An appeal pursuant to Paragraph 1 shall apply mutatis mutandis Articles in Chapters 1 and 2 of Part III, except Article 361.
Those who disagree with a ruling under summary proceeding may file an interlocutory appeal to the collegiate bench of the competent district court of second instance.
An interlocutory appeal mentioned in the preceding paragraph shall apply mutatis mutandis articles under Part IV.
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