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

Print Time:2024/11/22 08:37
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Chapter Law Content

CHAPTER III CITIZEN JUDGES AND ALTERNATE CITIZEN JUDGES
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.
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