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Nationalist Government Era (2020.1.1～2020.12.31)

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  • Last updated：2024-01-12
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Year Date Events
2020 03/13

Mr. Hsing Tai-Chao took over as Chief Prosecutor of the Taiwan High Prosecutors Office.
  05/29

The Grand Justices of the Judicial Yuan issued a judicial interpretation (Shi-Zi No. 791) on the legal validity of the crime of adultery and withdrawal of complaints on May 29, 2020. The Justices declared that the crime of adultery, as defined in the Criminal Code and the provisos set forth in Article 239 of the Code of Criminal Procedure, are unconstitutional and henceforth invalid. This put an end to 85 years of criminal punishment for adultery and the crime officially became history.
The decision to partially overturn interpretation No. 554 regarding the constitutionality of the crime of adultery also marked the first instance of a public declaration by the Grand Justices of the Constitutional Court, who held that the harm of maintaining the crime of adultery significantly outweighed the benefits and that applicable provisions of the Criminal Code constituted a violation of the principle of proportionality. This was cited as the main reason for ruling that the crime of adultery was unconstitutional.
  07/22 After the National Conference on Judicial Reform reached a consensus on the adoption of the concept of citizen participation in trials in 2017, the Citizen Judges Act was passed by the Legislative Yuan following the required three readings on July 22, 2020. Going forward, R.O.C. nationals aged 23 and above that meet relevant criteria are eligible to be appointed as citizen judges for joint adjudication, along with professional judges, concerning the determination of criminal responsibility and sentencing procedures for cases where the accused has committed an offense punishable with a minimum punishment of imprisonment of not less than 10 years or where the accused has intentionally committed an offense resulting in death (excluding juvenile criminal cases and cases involving offenses under the Narcotics Hazard Prevention Act). As a result, prosecutors will face numerous new challenges and responsibilities in the performance of their duties, including preparing for the appointment and questioning of civil judges, delivering case files and evidence at different times, providing civil judges with a clear understanding of their cases, and participating in court proceedings.
The 113 articles of the Citizen Judges Act were finalized and promulgated on August 12, 2020, with Articles 17-20 and 33 taking effect on the date of promulgation, most of the remaining articles taking effect on January 1, 2023, and Article 5(1)(1) to become effective on January 1, 2026.
  08/18 In recent years, there have been frequent cases of criminal defendants jumping bail and absconding to foreign countries during investigations, trials, and sentencing, which obstructs the realization of justice and has a negative impact on public trust in the judiciary. As a result, the Legislative Yuan amended provisions related to the abscond-prevention mechanism set forth in the Code of Criminal Procedure by adopting the use of high-tech surveillance equipment which had been used in advanced countries for many years. On August 18, 2020, with a view to implementing this new system and in accordance with the authorization set out in Article 116-2, paragraph 5 of the Code of Criminal Procedure, the Judicial Yuan and the Executive Yuan jointly formulated and promulgated the 14 articles of the Regulations for the Execution of High-tech Equipment Monitoring for Criminal Defendants, which took effect on September 1, 2020.
In an effort to create a highly effective monitoring system based on the use of new-generation, high-tech equipment and the latest technologies so as to ensure the smooth implementation of criminal proceedings, and following consultations between the Ministry of Justice and the Judicial Yuan, it was decided that the Taiwan High Court and the Taiwan High Prosecutors Office would jointly install this equipment.
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