In a case with the participation of citizen judges, the prosecutor shall file an indictment to the competent court, which shall not be accompanied by the case files and exhibits.
An indictment shall include the following matters:
1. Full name, gender, date of birth, identity certificate number, domicile or residence, or other characteristics of the accused that are sufficient for the purpose of identifying the accused;
2. The facts of the offense; and
3. The article of the law violated.
The facts of the offense referred to in Subparagraph 2 of the preceding paragraph shall be specified by date, time, place, and methods used in the committal of the alleged offense.
The indictment shall not contain any content that would likely lead the court to form a predetermined opinion about the case.
Paragraphs 2 to 4 of Article 161 of Code of Criminal Procedure shall not apply to cases with the participation of citizen judges.

After the filing of the prosecution until the first trial date matters in relation to compulsive measures and perpetuation of evidence shall be reviewed by a judge of the competent court who does not participate in the trial of case concerned, except for in a circumstance where the limit of the number of judges of the competent court makes assigning the above task to a judge who does not participate in the trial of case concerned impossible.
Under the circumstance stipulated in the proviso of the preceding paragraph, the judge concerned shall not accept nor order for submission of statements or evidence that are irrelevant to the review of compulsive measures concerned.

In order to facilitate the understanding of the citizen judges and the alternate citizen judges, to enhance their substantive participation, as well as to avoid imposing undue burdens on their time and psychological status, the judges, the prosecutors, and the defense attorneys shall make the following necessary arrangements:
1. During the preliminary proceedings, arranging the contentious issues in a thorough manner;
2. During the trial proceedings on the trial dates, conducting the investigation of evidence and oral argument in a concentrated and efficient manner; and
3. Upon the requests of the citizen judges or the alternate citizen judges, giving explanations that are adequate in clarifying any possible confusion, and during the final deliberation, allowing their opinions to be fully stated.

In conducting the proceedings, the presiding judge shall pay attention that any oral or written statement does not contain materials that would likely lead the citizen judges or the alternate citizen judges to form predetermined or biased opinions, and shall make necessary clarification as well as elucidation at any stage.

The Court shall undergo the preliminary proceedings before the first date of trial.
During the preliminary proceedings, the court shall handle the following matters:
1. To define the scope of the prosecution and to determine whether the provisions cited in the indictment by the prosecutor should be modified;
2. To inquire the accused and the defense attorney whether they plead guilty to the crime charged by the prosecutor;
3. To arrange the contentious issues of the case;
4. To inform the parties of the motion for the investigation of evidence;
5. To handle matters relating to the disclosure of evidence;
6. To handle matters relating to the admissibility of the evidence and to determine whether it is necessary to conduct investigation on particular items of the evidence;
7. To provide an opportunity for the parties, the defense attorney, or the assistant of the accused to state their opinions regarding the evidence that was investigated ex officio;
8. To order an expert examination or conduct an inspection;
9. To determine the scope, sequence and methods of the investigation of evidence;
10. To handle matters relating to the procedures of the selection of the citizen judges and the Alternative citizen judges; and
11. To handle other matters relating to the trial.
The court shall make a trial plan based on the outcome of the above handling conducted in accordance with the preceding paragraph. The format and matters that should be contained in the trial plan shall be prescribed by the Judicial Yuan.
The preliminary proceedings may be conducted by a judge serving as the commissioned judge. The commissioned judge who conducts the preliminary proceedings shall have the same authority as the court or the presiding judge, except for making the rulings specified in Paragraph 1 of Article 50, Paragraph 1 of Article 60, Paragraphs 1 and 2 of Article 62 of this Act, and Article 121 of the Code of Criminal Procedure.

The court shall designate the date of the preliminary proceedings on which it shall summon the accused as well as notify the prosecutor, the defense attorney and the assistant of the accused to be present at the court.
The court may, where it deems necessary, summon or notify the person concerned to be present at court on the date of preliminary proceedings.
The preliminary proceedings may only be conducted with the presence of the prosecutor and the defense attorney.
The summons or notification of the date of the first preliminary proceedings shall be served fourteen days before the said date at the latest.

In handling matters relating to the various Subparagraphs of Paragraph 2 of Article 47, the court may conduct necessary examination on the parties, the defense attorney, the assistant of the accused, and the person concerned.

The preliminary proceedings shall be held in open court except for any of the following circumstances:
1. Where it is otherwise provided by the law;
2. Where the court makes a ruling that the preliminary proceedings shall not be held in public court for reasons concerning the possible threats posed to national security, public order, or social values; or
3. Where the court, after hearing opinions of the parties , the defense attorney, or the assistant of the accused, makes a ruling that the preliminary proceedings shall not be held in public court in order to facilitate the proper undergoing of the proceedings.
No interlocutory appeal may be filed against a ruling made pursuant to the preceding paragraph.
The citizen judges and the alternate citizen judges do not need to be present at court in the preliminary proceedings.

Where it is necessary to prepare for the preliminary proceedings, the prosecutor and the defense attorney should be in contact so as to confirm the following matters:
1. The facts of the offense and the provisions cited in charges that are written in the indictment of the prosecutor as well as the statements or grounds of defense stated by the accused;
2. The contentious issues of the case;
3. The items of evidence that both parties plan to petition for investigation, the facts to be proven, as well as the scope, sequence and methods of the investigation of evidence;
4. The opinions of both parties on the petition for the investigation of evidence.
Before the first date of preliminary proceedings the defense attorney shall consult with the accused to ascertain the facts of the alleged offense and to organize the contentious issues of the case.
The court, if it deems it appropriate, may contact the prosecutor and the defense attorney before the start of preliminary proceedings to negotiate on matters necessary for the undergoing of the proceedings.

Where it is necessary to prepare for the preliminary proceedings, the prosecutor shall submit a written pleading for the preliminary proceedings to the court, with its duplicate copies served to the accused or the defense attorney, which shall contain the following matters in concrete detail:
1. The items of evidence that the prosecutor petitions for investigation and its relevance with the facts to be proven; and
2. The name, gender, domicile or residence of the witness, the expert witness, or the interpreter to be summoned and the estimated time for their respective examination.
To supplement or correct the matters of the preceding paragraph, the prosecutor shall submit another written pleading for the preliminary proceedings or make an oral statement at court in the proceedings.
The written pleadings and statement mentioned in the preceding two paragraphs shall not contain facts and evidence that bear no relevance to the facts written on the indictment or would likely lead the court to form a predetermined opinion about the case.
The prosecutor shall exercise caution in terms of filing petition for the investigation of evidence pursuant to paragraphs 1 and 2 of this article.
The court may, after hearing opinions of the prosecutor and the defense attorney, set a deadline for the submission of the written pleadings or statement mentioned in paragraphs 1 and 2 of this article.

The prosecutor shall disclose the files and the exhibits of the case to the defense attorney or the accused right after filing the prosecution. However, the prosecutor may refuse or restrict the disclosure once there is one of the following circumstances, and shall inform the defense attorney or the accused of the reasons in writing:
1. Where the contents of the files and the exhibits are irrelevant to the facts of the offense;
2. Where the disclosure may infringe the investigation of another case;
3. Where the disclosure is related to privacy or business secrets of the parties or of a third party; or
4. Where the disclosure may pose harm to other people's lives or bodies.
The disclosure referred to in the preceding paragraph shall mean that the defense attorney may review, take note of, copy, photocopy or video-record the files and the exhibits; alternatively, it shall mean that the accused may petition to the prosecutor for delivering copies of the files and the exhibits upon depositing the necessary fees; or further alternatively, it shall mean that the accused shall be presented an opportunity to review the original copy of the files and the exhibits upon the approval of the prosecutor, with the precondition that the files and the exhibits are kept safe and intact. The standards and methods of payment referred to above shall be determined by the Executive Yuan.
The prosecutor shall make the disclosure within five days after receiving the petition made by the defense attorney or the accused. Where the prosecutor cannot fulfil the disclosure within five days, the prosecutor may reach an agreement with the defense attorney or the accused on an appropriate extension of the time limit.

The defense attorney shall, after the disclosure is made by the prosecutor pursuant to the preceding article, submit a written pleading for the preliminary proceedings, with its duplicate copies served to the prosecutor, which shall contain the following matters in concrete detail:
1. A statement on whether the accused pleads guilty to the facts cited in the indictment; and where the accused pleads not guilty, his or her statements on the defense of the accused, as well as the statement on whether he or she contests the facts stated in the indictment;
2. Opinions on the admissibility of the evidence that the prosecutor petitions to investigate and on whether there is a need for the investigation;
3. The evidence the accused petitions to investigate and its relevance with the facts to be proven;
4. The name, gender, domicile or residence of the witness, expert witness, or interpreter to be summoned and the estimated time for their respective examination; and
5. Opinions on the provisions applied in the indictment by the prosecutor.
To supplement or correct the matters of the preceding paragraph, the defense attorney shall submit another written pleading for the preliminary proceedings or make an oral statement at court in the proceedings.
Paragraphs 3 to 5 of Article 52 apply mutatis mutandis to the circumstances of the preceding two paragraphs.
The accused may submit a written pleading or a statement on matters of the various subparagraphs of Paragraph 1 of this article. Paragraphs 3 and 4 of Article 52 apply mutatis mutandis to this circumstance.

In circumstances where the defense attorney or the accused petition to the court for the investigation of evidence pursuant to Paragraph 1, Paragraph 2, or Paragraph 4 of the preceding article, the defense attorney or the accused shall disclose the following matters to the prosecutor:
1. Evidence upon which a petition for investigation is made;
2. Records of the statements made by the witness, expert witness, or interpreter before the date of trial; or where there is no such a record, a written statement on the statements the said persons are expected to make on the trial dates.
Paragraph 3 of Article 53 apply mutatis mutandis to the circumstance of the preceding paragraph.

The prosecutor shall, after the defense attorney conducts the disclosure pursuant to the preceding article, express his or her opinions on the admissibility of evidence that the defense attorney and the accused petitioned to investigate and on whether there is a need for the investigation.
Where there is a need to supplement or correct the matters provided in the preceding paragraph, the prosecutor shall make another submission to the court independently.
Paragraph 5 of Article 52 apply mutatis mutandis to the circumstances of the preceding two paragraphs.

Where the prosecutor or the defense attorney deems the opposing party violated the obligation of disclosure in accordance with provisions of Articles 53 or 55, the said prosecutor or defense attorney may petition for the court to make a ruling to order the disclosure of evidence.
In making the ruling pursuant to the preceding paragraph, the court may designate the date, the method or additional conditions for the disclosure.
Before making the ruling pursuant to Paragraph 1 of this Article, the court shall hear the opinions of the party against whom such a petition is made; where it deems it necessary, the court may order the prosecutor to submit to the court the inventory of the exhibits or order the parties or the defense attorney to submit the evidence to the court, which shall not be subject to any review, note-taking, copying, photocopying, or video-recording by anyone.
An interlocutory appeal may be filed against the ruling made pursuant to Paragraph 1 of this Article. The execution of the ruling ordering the disclosure made by a court shall be suspended pending the hearing of the interlocutory appeal.
The court that hears the interlocutory appeal shall make its ruling immediately, and shall make its own ruling if it finds the interlocutory appeal meritorious.

Where the prosecutor or the defense attorney fails to comply with the order made pursuant to Paragraph 1 of the preceding article by executing the disclosure, the court may dismiss the petition made by the said party for the investigation of evidence by a ruling or order the said prosecutor or defense attorney to disclose all the evidence that is in their possession or keeping.

Before making a ruling pursuant to the preceding article, the court shall carefully review circumstances including the types of obligation that is violated, the reasons for the violation, and the detriment caused by the violation in a prudent manner.

A person who has possession of the contents of the cases files and exhibits of Article 53 shall not use the contents for a purpose that is not justifiable.
A person who violates the preceding paragraph shall be sentenced to imprisonment for not more than one year, detention, or a fine of not more than NT$ 150,000.

An agent of the complainant or an agent of a participant to the litigation, if he or she is an attorney, may make a petition to the prosecutor for reviewing the case files and exhibits, of which note-taking, copying, photocopying, or video-recording is allowed.
A participant to the litigation who has not retained an agent or the agent he or she retained is not an attorney may, after the filing of the prosecution, petition the prosecutor for delivering copies of the case files and exhibits upon depositing the necessary fees.
The prosecutor may restrict the scope of disclosure where the contents of the case files and exhibits referred to in Paragraphs 1 and 2 of this article are irrelevant to the facts of offense, where there are sufficient grounds to believe that the said contents may infringe the investigation of another case, where the disclosure is related to privacy or business secrets of the parties or a third party, or where the disclosure may pose harm to other people's lives or bodies. The prosecutor shall inform the petitioner of the reasons of restriction in writing
Where the petitioner disagrees with the prosecutor's restriction made pursuant to the preceding paragraph, the agent of the complainant, participant to the litigation, or an agent thereof may petition to the court for revoking or correcting the said restriction. The petition made by the agent shall not contradict the express intention of the complainant or the participant to the litigation.
No interlocutory appeal may be filed against a ruling made by the court pursuant to the preceding paragraph.

Before the conclusion of the preliminary proceedings the court shall make a ruling on the admissibility of evidence upon which an investigation is conducted upon petition or on its own initiative, unless there is a need to investigate the admissibility of the evidence in the trial proceedings on the trial dates.
The court shall dismiss by a ruling, before the conclusion of the preliminary proceedings, the petition for the investigation of evidence filed by a party or a defense attorney when it deems unnecessary.
Where there exists one of the following circumstances a petition for the investigation of evidence shall be deemed unnecessary:
1. Where the evidence cannot be investigated;
2. Where the evidence is not of critical relevance to the facts to be proven;
3. Where the evidence is unnecessary because the facts to be proven are clear; or
4. Where the evidence has been petitioned before.
The court may conduct a necessary investigation before making a ruling pursuant to the Paragraphs 1 and 2 of this article. However, the court may not order a submission of the evidence that a party petitioned for investigation unless it deems it necessary.
Where after the making of a ruling pursuant to the Paragraphs 1 and 2 of this article the basic facts on which the court's ruling based on has changed so that a different ruling is called for, the court shall make a new ruling. The same shall apply to a situation where the evidence a party petitioned for investigation is subsequently found no longer necessary.
With regard to evidence upon which an investigation is not conducted upon petition or on its own initiative until the trial date, the court shall make a ruling on its admissibility before conducting an investigation on it. The same shall apply to a situation where the evidence a party petitioned for investigation is found unnecessary.
A piece of evidence that is ruled by a court to be inadmissible or unnecessary may not be presented or investigated upon on the trial date.
No interlocutory appeal may be filed against a ruling made pursuant to Paragraphs 1, 2, 5, or 6 of this article.

After completing handling matters provided in Paragraph 2 of Article 47, the court shall confirm the outcome of the handling and review the trial plan together with the parties and the defense attorney, as well as pronouncing the conclusion of the preliminary proceedings.
The court may, if it deems necessary, make a ruling to reopen the previously closed preliminary proceedings.

After the conclusion of the preliminary proceedings the parties and the defense attorney may not petition for investigation on a new piece of evidence unless where there is one of the following circumstances:
1. Where all the parties and the defense attorney agree to the investigation on a new piece of evidence and the court deems it appropriate;
2. Where the new piece of evidence in question was acquired or its existence was known only after the conclusion of the preliminary proceedings;
3. Where the investigation on a new piece of evidence would not disrupt the continuation of the litigation proceedings to a great extent;
4. Where the investigation on a new piece of evidence is necessary for challenging the testimony given by the witness during the trial proceedings;
5. Where the failure to investigate the piece of evidence in question before the conclusion of the preliminary proceedings was not due to the negligence on part of the parties; or
6. Where disallowing the investigation of the piece of evidence in question would be obviously unfair.
The circumstances in the various subparagraphs of the preceding paragraph shall be explained by the party which petitioned for the investigation of the piece of evidence in question.
A petition that is not made in consistency with the provisions of Paragraph 1 of this article shall be dismissed by the court.

A citizen judge and an alternate citizen judge shall make an affirmation before the commencement of the proceedings on the first day of the trial date.
An alternate citizen judge that substitutes for a citizen judge shall make another affirmation independently upon taking the place of the citizen judge.
Matters in relation to the procedures, the contents of the affirmation, and the making of the transcript on the occasion of affirmation - making pursuant to the preceding two paragraphs shall be prescribed by the Judicial Yuan.

After conducting the procedures prescribed in Paragraph 1 of the preceding article, the presiding judge shall make a full explanation to the citizen judges and the alternate citizen judges on the following matters:
1. The procedures of a trial with the participation of the citizen judges;
2. The authorities, obligations, and sanctions for violation of the obligations of a citizen judge and an alternate citizen judge;
3. The basic legal principles of a criminal trial;
4. The constituent elements of the crime charged by the prosecutor and the interpretation of the relevant provisions of laws and regulations;
5. The estimated time needed for the duration of the trial date; and
6. Other matters that a citizen judge and an alternate citizen judge should take note of.
During the litigation proceedings of the trial date, a citizen judge or an alternate citizen judge may request the presiding judge for an explanation on a question they have relating to matters provided in the preceding paragraph.

No trial shall be conducted if any of the citizen judges is absent on a trial date.

Unless there exist extraordinary circumstances, the trial shall be held on consecutive trial dates.

Matters in relation to the admissibility of evidence, the necessity of the investigation of evidence, the rulings regarding the litigation proceedings and the interpretation of laws and regulations shall be exclusively determined by the panel of judges. The judges may, if they deem it necessary, hear the opinions of the prosecutor, the defense attorney, the citizen judges and the alternate citizen judges before deciding on the above mentioned matters.
A citizen judge or an alternate citizen judge may request the presiding judge for an explanation on a question they have relating to a decision on matters provided in the preceding paragraph.

Before conducting the procedures of the investigation of evidence pursuant to Paragraph 1 of Article 288 of Code of Criminal Procedure, the prosecutor shall make a full explanation to the Tribunal with citizen judges the findings of the following matters which have been organized pursuant to Paragraph 2 of Article 47:
1. The facts to be proven;
2. The scope, sequence and methods of investigation of evidence; and
3. The evidence to be investigated and its relevance with the facts to be proven.
Where the accused or the defense attorney claims the facts to be proven or requests for the investigation of evidence, they shall make a full explanation to the Tribunal with citizen judges after the prosecutor's explanation made pursuant to the preceding paragraph. The provision of the preceding paragraph shall apply mutatis mutandis to this paragraph.

The presiding judge shall, after the completion of the procedures prescribed in the preceding article, make a full explanation on the outcome of the preliminary proceedings in terms of the organization of contentious issues and the scope, sequence and methods of the investigation of evidence.

The presiding judge may, after hearing opinions of the parties and the defense attorney, modify the scope, sequence and methods of the investigation of evidence that was planned during the preliminary proceedings.

The parties and the defense attorney who petitioned to summon the witness, expert witness or interpreter may directly examine them after they were identified by the presiding judge identified. Following the examination of the witness, expert witness, or interpreter by the parties and the defense attorney, a citizen judge or an alternate citizen judge may, after informing the presiding judge, request a direct examination by themselves of or request the presiding judge to supplement the examination of the witness, expert witness, or interpreter on a matter within the scope of the facts to be proven.
Following the examination of the defendant by the presiding judge on the facts of the charge, a citizen judge or an alternate citizen judge may, after informing the presiding judge, request a direct examination by themselves of or request the presiding judge to supplement the examination of the defendant on a matter within the scope of the necessary matters in relation to the determination of the criminal responsibility or sentencing.
Following the statement of opinions by the victim or the family members of the victim, a citizen judge or an alternate citizen judge may, after informing the presiding judge, request a direct inquiry by themselves of or request the presiding judge to supplement the inquiry on a matter in a nature of clarifying the statements made by the said victim or the said family members of the victim.
The presiding judge may, if he or she deems a request made by a citizen judge or an alternate citizen judge inappropriate, prohibit them from making the examining or restrict the scope thereof.

The record and other documents that qualify as evidence upon which a petition is made by the parties or the defense attorney for investigation shall be read out by the petitioner to the Tribunal with citizen judges, the opposing party, the defense attorney or the assistant of the accused.
Where the documents referred to in the preceding paragraph upon which an investigation is made on the court's own initiative, the said documents shall be read out by the presiding judge to the Tribunal with citizen judges, the parties, the defense attorney or the assistant of the accused.
The reading out of documents provided in the preceding two paragraphs, with the consent of the parties and the defense attorney and the court deems it appropriate, may be replaced by a brief explanation of the essence thereof.
Where the documents provided in the preceding two paragraphs touch on matters that carry implications in the nature of public morals, public safety or the reputation of other people, the said documents, instead of being read out, shall be presented for the review of the Tribunal with citizen judges, the parties , the defense attorney, or the assistant of the accused. Where there are difficulties for the parties or the defense attorney to fully grasp the meanings thereof, the petitioner or the presiding judge shall inform them of the essence of the said documents.

The provisions of the preceding article shall apply mutatis mutandis to non-documentary exhibits which have the same effect as documents.
In relation to materials in the form of audio recording, video recording, electronic record or other similar matters that can serve as evidence, the petitioner shall use an appropriate device to show the sounds, images, symbols or information to the Tribunal with citizen judges, the opposing party, the defense attorney, or the assistant of the accused so that they may grasp the contents thereof or the essence thereof be told in brief.
Where the materials referred to in the preceding paragraph upon which an investigation is made on the court's own initiative, the presiding judge shall use the methods provided in the preceding paragraph so that the Tribunal with citizen judges, the parties, the defense attorney, or the assistant of the accused so that they may grasp the contents thereof or the essence thereof be told in brief.

Evidence or materials upon which a petition for investigation is made by one of the parties or the defense attorney shall be shown to the Tribunal with citizen judges, the other party, the defense attorney, or the assistant of the accused so that they can identify the said evidence or materials.
Evidence or materials upon which an investigation is made on the court's own initiative shall be shown by the presiding judge to the Tribunal with citizen judges, the parties , the defense attorney, or the assistant of the accused so that they can identify the said evidence or materials.
Where there are difficulties for the parties or the defense attorney to fully grasp the meanings of the evidence or materials referred to in the two preceding paragraphs that are in the form of documents, the petitioner or the presiding judge shall inform them of the essence of the said documents.

The parties, the defense attorney, or the assistant of the accused may, after the completion of the investigation on the individual items of evidence, request an opportunity to express his or her opinions. If deemed appropriate, the presiding judge may grant such an opportunity for the parties , the defense attorney, or the assistant of the accused to express his or her opinions.
The presiding judge shall, after the completion of the investigation of evidence, inform the parties, the defense attorney, or the assistant of the accused that they are allowed to express opinions about the probative value of evidence.

Evidence shall be submitted to the court immediately right after the investigation pursuant to Articles 74 to 76 is completed. However, with the court's permission, it is allowed to just submit the copies thereof.

After the completion of the investigation of evidence, the court shall order the commencement of proceedings in which oral arguments on issues of facts and the law shall be made in the following sequence:
1. Oral arguments presented by the prosecutor;
2. Oral arguments presented by the accused; and
3. Oral arguments presented by the defense attorney.
The proceedings of oral arguments referred to in the preceding paragraph shall be followed by proceedings in which arguments on the scope of sentencing shall be made, in the same sequence as in the preceding paragraph. Before continuing with the proceedings on the scope of sentencing, the court shall offer the complainant, the victim, the family members of the victim, and other people who are allowed to state their opinions according to the laws an opportunity to express their opinions on the scope of sentencing.
After the proceedings of oral arguments referred to in the preceding two paragraphs have been conducted, additional sessions of oral arguments may be held, and the presiding judge may also order further sessions of oral arguments to be held.

The trial proceedings shall start anew where there is a change in the citizen judges who participated in the trial, except for the circumstance stipulated in Paragraph 1, Article 37. A new citizen judge may request the presiding judge for an explanation on a question he or she may have.
With regard to the renewal of trial proceedings pursuant to the preceding paragraph, the presiding judge shall take into consideration maintaining the balance between the new citizen judge's level of understanding on the issues and on evidence that has been investigated and the burdens of the citizen judges and the alternate citizen judges as a group.

Unless there exist extraordinary circumstances, the Final Deliberation shall be conducted promptly after the conclusion of proceedings of oral arguments.

The Final Deliberation shall be conducted by the full panel of Tribunal with citizen judges, with the participation of citizen judges as well as judges, in which issues on the findings of facts, the application of the law, and the sentencing shall be deliberated in the foregoing sequence.
All judges and the citizen judges shall participate in the entire process of the Final Deliberation stipulated in the preceding paragraph, with the presiding judge serving as the chairperson.
During the final deliberation, the presiding judge shall earnestly explain the general principles of criminal trial, the facts of the case concerned and the contentious legal issues, and illustrate the outcome of the investigation of various pieces of evidence, as well as offer plenty of opportunities for the judges and the citizen judges to freely state their opinions and fully discuss the case, so as to ensure that the citizen judges may reach their independent decisions in the fulfilment of their appropriate authority.
The presiding judge shall, if he or she deems it necessary, elaborate to the citizen judges matters on the admissibility of evidence, the necessity of the investigation of evidence, the rulings regarding the litigation proceedings and the interpretation of laws and regulations, which have been exclusively determined by the panel of judges.
The citizen judges shall exercise their duties stipulated in the first paragraph of this article in observation of the foregoing elaboration given by the presiding judge.
During the Final Deliberation, each citizen judge and judge shall state in turn his or her opinions on the findings of fact, the application of the law and sentencing individually.
A citizen judge may not refuse to state his or her opinions on a subsequent matter to be discussed in the final deliberation solely for the reason that his or her opinions on a previous matter were in the minority.
An alternate citizen judge who observed the proceedings as such may not take part nor state his or her opinions in the Final Deliberation.

A verdict of guilty is rendered by the approval of the Tribunal with the two-third members, including at least one citizen judge and one judge. In the circumstances that the said approval is not satisfied, a verdict of not guilty or a finding in favor of the defendant should be rendered.
A verdict of exemption from prosecution, dismissal, or lack of jurisdiction to hear the case is rendered by the Tribunal with the approval of the majority members, including at least one citizen judge and one judge.
A decision of the Deliberation on sentencing is rendered by the Tribunal with the approval of the majority members, including at least one citizen judge and one judge. However, a decision of death penalty shall not be rendered without the approval of the two-third members, including at least one citizen judge and one judge.
When the Deliberation involves the decision for the first half of the preceding paragraph and the approval with the majority members, including at least one citizen judge and one judge, is not reached due to divided opinions, the decision is made by the approval that the least favorable opinion to the defendant is added into the second least favorable, until a majority including at least one citizen judge and one judge is reached.

Unless there exist extraordinary circumstances, a Final Deliberation that cannot come to its conclusion on the day shall continue the next day.

A citizen judge and a judge shall keep the knowledge he or she acquires in Final Deliberation, including the expressions of individual opinions, the overall direction of the general views, and other occurrences in Final Deliberation in strict confidence.
The parties, the defense attorney, or the assistant of the accused may, after the judgment is finalized, make a petition for reviewing the deliberation opinions. No note-taking, photocopying, video recording, or copying thereof shall be allowed.
With regard to the circumstances of the preceding paragraph, the personal information, as defined in Subparagraph 1 of Article 2 of Personal Data Protection Act, of a citizen judge shall be kept in confidence, which shall not be subject to reviewing.

Unless there exist extraordinary circumstances, the judgment shall be pronounced promptly after the conclusion of the Final Deliberation.
A judgment shall be pronounced by reading aloud the syllabus of the decision, accompanied by necessary explanation of its meanings. With regard to a judgment imposing a sentence, the said judgment may be pronounced by reading out only the offense convicted and the principal punishment.
The court shall notify the citizen judges the date set for pronouncing the judgment so that they may be present at court. However, the pronouncement of judgment may proceed without the presence of the citizen judges at court.
After the pronouncement of judgment, the original copy of the said judgment shall be given to the clerk within thirty days from the date of the pronouncement of the judgment at the latest.

The judgment pronounced by the Tribunal with citizen judges shall be written and signed by the judges. In addition, the written judgment shall indicate that the said case was jointly tried by all of the citizen judges.

A judgment that contains a guilty conviction, regarding the grounds on which the findings of facts are made, may merely show the titles of material or documentary exhibits, and the reasons for the conclusion on the critical contentious issues.

An appeal may not be filed on the grounds that a citizen judge lacks the necessary qualifications set forth in Article 12, Paragraph 1, or that he or she should have been ineligible for circumstances set forth in Articles 13 and 14.

The parties and the defense attorney may not petition for investigation on a new piece of evidence unless where there is one of the following circumstances and the said investigation is necessary:
1. Where there exist circumstances set forth in Subparagraph 1, 4 or 6 of Paragraph 1 of Article 64;
2. Where the failure to investigate the piece of evidence in question in the trial proceedings of the first instance was not due to the negligence on part of the parties; or
3. Where the new facts or new pieces of evidence in question were created or formed only after the conclusion of the proceedings of oral arguments in the proceedings of the first instance.
The court of second instance may base its decision on evidence that is found admissible and has been legally investigated by the original court in the first instance.

With regard to an appeal against a judgment made in a case with the participation of citizen judges, the court that hears the appeal shall exercise its authority appropriately, taking the purposes of the system of civil participation in criminal trials fully into consideration.

Where the court of second instance finds that the appeal is meritorious or that the original judgment is inappropriate or illegal despite the appeal is without merits, the said court of second instance shall reverse the part of original judgment against which the appeal is made. However, the court of second instance may not reverse if it finds that the fact-finding of the original judgment is contrary to the rules of experience and logic but the said error has no significant impact on the outcome of the case.
The second instance court that reverses the original judgment shall adjudicate the case with its own judgment. However, with regard to the circumstance where the original judgment is reversed on ground of one of the following circumstances, the second instance court shall make a judgment to remand the case to the original court:
1. Where the pronouncement of mistake in jurisdiction, exemption from prosecution, or dismissal of case was inappropriate;
2. Where a circumstance stipulated in Subparagraphs 1, 2, 6, 7, or 13 of Article 379 of Code of Criminal Procedure existed;
3. Where a requested item was not adjudicated;
4. Where a pronouncement of not guilty was made in violation of the laws and regulations and such a ruling impacted on the finding of facts, or where a finding of facts erred and impacted on the judgment; or
5. Where the court of second instance, taking the purposes of the system of civil participation in criminal trials and the protection of the right of defense for the defendant into consideration, finds the remand appropriate.

A motion of retrial may be filed where, after a judgment is finalized, a citizen judge who participated in the trial has been found to have committed an offense in relation to the carrying-out of his or her duties as a citizen judge and that such a situation is sufficiently significant to impact on the original judgment.