The prosecutor of the Taiwan High Court Prosecutors Office appealed the ruling of the second instance of the Ma Ying-jeou special allowance funds case (Ma Ying-jeou was acquitted, and Yu Wen was found guilty). After the Prosecutor General convened the special investigation team, chief prosecutor Yan of Taiwan High Prosecutors Office and the prosecutor of the case, they concluded that the original ruling was in violation of the law and decided to appeal today.

Taiwan High Prosecutors Office also issued a press release stating that, as the result of the ruling of this case was related to the determination of the nature of the special allowance funds for the government executives, if the ruling of this case was affirmed, it would be the first affirmed ruling related to the special allowance funds ever. For the legal opinions confirmed by the final judgment of the Supreme Court, the Taiwan High Prosecutors Office was willing to respect and would use it as the unified legal opinion for the future cases of the respective prosecutorial organs, so that the investigation standards would become consistent as soon as possible and the stability and fairness of the legal order would be maintained.

Party alternated again, and the new Kuomintang government took office.

Wang Ching-feng was appointed as the Minister of Justice.

The Special Investigation Division of Supreme Prosecutors Office again filed an appeal against the second ruling of unconditional release of Chen Shui-bian by the Taiwan District Court of Taiwan. The Taiwan High Court again revoked the original ruling and sent it back to the Taiwan Taipei District Court.

The Taiwan Taipei District Court made a controversial move and shifted the case to presiding judge Cai Shou-syun, who also tried the State Affairs Fund case.

After the long-term efforts and expectations of many, the Judges Act finally passed the third reading of the Legislative Yuan and completed the legislation process. In view of the fact that both the prosecutors and the judges are the practitioners of the judicial power and have judicial attributes, they should be subjected to regulations and supervision. Chapter 10 of the Judges Act stipulates that the provisions of Chapter 9 on judges should also apply to the “prosecutors”. We hereby summarize the provisions thereof that relate to the prosecutor as follows:

1. The prosecutor serves as the representative of public interest to pursue and penalize against crimes in accordance with the law and to maintain social order. A prosecutor shall act beyond political partisanship, uphold the public interests protected under the Constitution and the law, and to carry out the prosecutorial duties fairly, objectively, diligently and prudently.

2. An evaluation mechanism should be established for prosecutors

3. Estalish a mechanism so that disciplines of a prosecutor will be conducted by the Court of the Judiciary.

4. Clearly explains the composition of the Prosecutorial Personnel Review Committee as well as the Council of Prosecutors of a prosecutors office at all levels, and the specific content of the Unity of Prosecutorial Organ principles.

It is believed that under the provisions of the Judges Act, the prosecutors can be more impartial and act beyond political partisanship, perform their duties with diligence, and use the excellent prosecutor team to fulfill their mission of being the representatives of public welfare and demonstrate a new view of judicial innovation.

Amendments to some provisions of the Sexual Assault Crime Prevention Act were passed by the Legislative Yuan and set to be implemented on January 1st, 2012. It shall further improve the relevant provisions on prevention and control of sexual assault crimes, protect the personal safety of the people, and make repeat offenders of sexual assault no longer potential threats to society. The main contents of this amendment to the Sexual Assault Crime Prevention Act are:

1. The electronic monitoring is classified as an independent treatment and shall not have the premise of curfew or designated place of residence so that the practical implementation can meet social expectations. Furthermore, expand the implementation of preventive polygraphs, coupled with electronic monitoring as well as physical and mental treatment to ensure the safety of women, children and society.

2. If it is considered to be necessary after examination, the competent authority should order the offender to receive physical and psychological treatment or counselling education during the period of compulsory community service, so as to avoid the window period of treatment and counseling.

3. Those who violate Article 25 of the Sexual Harassment Prevention Act and the juvenile sexual offenders shall be included in the range of receiving physical or mental treatment or counseling education. It was also added that if the sexual offender violates the regulations of accepting physical and psychological treatment or counselling education during the period of compulsory community service, the prosecutor may revoke the compulsory community service punishment.

4. if the offender who committed the sexual assault crimes before June 30th, 2006 had received treatment in prison or physical and psychological treatment or counselling education in communities, is identified, evaluated and there is considered to be a danger of recidivism, the prosecutor shall file a petition to the court for an order stating that the offender shall receive compulsory treatment.

To completely clarify the circumstance that when "one and single act constitutes simultaneously a criminal offense or offenses as well as a breach of duty under administrative law, after the prosecutor determines the disposition of deferred prosecution and the accused pays the fine for deferred prosecution, whether the administrative organ can fine the accused according to the provisions of paragraph 2, Article 26 of the Administrative Penalty Act,” the Legislative Yuan passed the “Draft amendment of provisions of Administrative Punishment Act" on November 8th, and it was announced by the President on the November 23rd. This amendment is aimed at people's single act (such as drunk driving) that constitutes simultaneously a criminal offense or offenses as well as a breach of duty under administrative law, after the prosecutor reaches the final decision of deferred prosecution or a judgment of reprieve from punishment, how the court should fine the accused, and under what conditions can the fine be deducted, so as to eliminate the concern of the people about receiving double punishments. The highlights of this amendments include:
1. If one and single act constitutes simultaneously a criminal offense or offenses as well as a breach of duty under administrative law, when a final decision of deferred prosecution or not to be put on trial (for youth) is made, penalty may be imposed under the provisions with respect to breach of duty under administrative law.

2. Where the act described above over which a final decision of deferred prosecution or a judgment of reprieve from punishment is pronounced with an order to pay a specific sum of money or to provide labor, the money paid or labor provided by the party shall be deducted from the fine imposed.