Nationalist Government Era (1979-1995)
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Administration Separation between Judges and Prosecutors
Interpretation Shih-tzi No. 86 requested that the court be under the Judicial Yuan. Nearly 20 years later, President Chiang Ching-kuo proposed to create a “political renovation” image in response to the end of official relations between Taiwan and the United States. On April 4, 1979, he announced the implementation of “Administration Separation between Judges and Prosecutors” in the Central Committee meeting of the Kuomintang. The administrative and legislative departments immediately handled the matter of reorganization and completed the legislation thereafter.
|1979||8.1||The Ministry of Judicial Administration cooperated and reviewed the relevant laws and regulations to make quick amendments, and in accordance with the regulations of the Executive Yuan, the “Work team for summary of regulations related to Administration Separation between Judges and Prosecutors” was established, with 18 research committee members designated by the Ministry of Judicial Administration and the court.|
|1980||4.9||Li Yuan-tsu, the Minister of Judicial Administration, explained the implementation of the administration separation between the judges and prosecutors in the Legislative Yuan. The “Ministry of Judicial Administration” was renamed to “Ministry of Justice”.|
|4.23||The Judiciary and Organic Laws Committee of the Legislative Yuan passed the “Draft Amendment to the Ministry of Judicial Administration Organization Act.|
|6.29||The President promulgated the “Ministry of Justice Organization Act”, and Li Yuan-tsu was appointed as the first Minister thereof.|
|6.29||The President promulgated the “Court Organization Act”. The name of Chapter 5 “The Setup of the Prosecutors Office and the Prosecutor” was amended to “Prosecution organ”, and the prosecutor originally deployed in the court was amended to be an independent prosecution organ. The prosecution organs at all levels (the Supreme Court prosecutors office and various levels of courts and their branch procurators offices under the High Court) were under the Ministry of Justice and were deployed at all levels of courts, so they were at parallel level to the courts and were not affiliated with each other.|
|7.1||The courts at all levels under the High Court were changed to be undue the Judicial Yuan, and the Ministry of judicial Administration was renamed the Ministry of Justice. The Supreme Court Prosecutors Office and the courts of all levels under the High Court and their branch prosecutors offices were under the Ministry of Justice. The trial administration and the prosecutorial administration were separated.|
|1981||6.20||The first set of computer hosts of the prosecutorial organ was purchased, and the criminal card information was gradually built and filed.|
|1982||2.1||The Ministry of Justice issued the “Regulations for the Affairs of District Court Prosecutors Offices and their Branches” and the “Regulations for the Affairs of High Court Prosecutors Offices and their Branches”, which were implemented on the same day.|
The renovation of Code of Criminal Procedure Began
The first bank robbery in Taiwan history occurred on April 14, 1982. The police officers in charge of the case used illegal torture to extract confession, causing Wang Ying-sen to commit suicide by diving into water. Public opinion called for review of the protection of the rights and interests of defendants in criminal proceedings, and the Legislative Yuan completed the amendment of the Code of Criminal Procedure in July of the same year.
|1982||7.23||Due to the influence of Wang Ying-sen's suicide case, the amendments of Article 27 of Code of Criminal Procedure that the defendant may appoint defenders during investigation, and of Article 88-1 “arrested without a warrant“, as well as the addition of Article 71-1 passed the third reading in the Legislative Yuan. (This Article is called “Wang Ying-sen clause, an important clause for Taiwan’s criminal human rights protection)|
|1983||9.24||The Judicial Yuan issued the “Interim Provisions on the New or Renovating Court of the Court Table and Seats at All Levels of Courts under the High Court”.|
|1984||5.28||The President specially appointed Shih Chii-yang as the Minister of Justice.|
|1986||7.1||Shih Ming-chiang was appointed as the chief procurator of the Supreme Court Prosecutors Office.|
|1987||7.15||The martial law in Taiwan was lifted from 0:00 that day, symbolizing that Taiwan’s politics, economy and society will all enter a new era. The Taiwan regime has moved from authoritarianism to democracy. With the change of the political and economic environment, the awareness of human rights also rose, and the people had raised the standards for the protection of the right of freedom. Bans of political parties and newspaper were gradually lifted, and the internal reform movement of the prosecutor also began to rise.|
|1988||7.1||In order to make the transcripts of criminal investigation cases conform to the principle of being correct and detailed, the Ministry of Justice established the “Procedures for the use of audio and video recordings to assist in the recording of investigation by prosecutors office.” It stipulates that the prosecutors officesl of the courts at all levels below the High Court should set up recording equipment to assist in the recording of investigations. Thereafter, all prosecutors offices started implemented the video and audio recordings.|
|7.22||Hsiao Teng-tzang became the Minister of Justice.|
|1989||1.11||The commissioner in the fourth department of Judicial Yuan and his wife were reported to conduct influence lobbying and pay bribes to prosecutors. They were arrested by the prosecutor Gao Hsin-wu of the Hsinchu District Court prosecutors office without the knowledge of the chief prosecutor, and he led the staff of Hsinchu investigation station to make arrest in Taipei, drawing a lot of attention. Furthermore, on the day before the detention, the chief prosecutor had ordered to transfer the case to head prosecutor Bi Yun, but Gao Hsin-wu refused to hand over the case file.|
|10.6||Hsiao Teng-tzang, the Minister of Justice, resigned because he was accused of lobbying for First Golf Club corruption case when he was a member of the Executive Yuan's Ministers without portfolio.|
|11.27||Lu Yu-wen was appointed as the Minister of Justice.|
|12.8||The Legislative Yuan passes the amended provisions of the "Court Organization Act", stipulating that the "prosecutors office" should be established at courts and branches of all levels. The term “head prosecutor” at the 1st and 2nd level of prosecutorial supervisors was renamed as "chief prosecutor", and the "chief prosecutor" of the Supreme Court was renamed as the "Prosecutor General". At that time, the prosecutor general was Shih Ming-chiang.|
|12.12||The Legislative Yuan passed the "Judicial Personnel Management Act".|
|12.22||The President promulgated the amended provisions of the "Court Organization Act" and the "Judicial Personnel Management Act".|
|1990||5.26||The Judicial Yuan announced the "Rules for the Court Seat Arrangement of Court of All Levels Under the High Court", moving the prosecutor seat from next to that of the magistrate to under the court table about 20 cm in front of the left and right ends of the judge's seat and facing the defender.|
|7.9||The Executive Yuan approved the issuance of the "Measures for the post transfer of the chief prosecutors of prosecutors offices in courts at all levels under the higher courts and their branches". One term is for four years and may be re-elected once. Those who are over 70 years old are not allowed to serve as the chief prosecutor.|
|8.6||Judicial Yuan and the Executive Yuan jointly announced the "Regulations of Uniforms for Judge, Prosecutor, Public Defender, Attorney and Court Clerk".|
|1991||2.7||The Ministry of Justice issued the "Procedures for Procuration Organs to Prevent Delays in Handling Cases" and implemented accordingly. (The investigation period for investigation shall be determined in accordance with the rules of the prosecutors office in this regard)|
The Ministry of Justice announced the "Rules for carefully issuing detention by prosecutors of the Taiwan High Court Prosecutors Office and other prosecutors offices."
The Ministry of Justice announced the "Rules for the use of handcuffs and shackles by the bailiff of the prosecution organ."
The Ministry of Justice announced the "Precautions for the press release issued by the prosecution organ" to implement the principle of non-disclosure during investigation.
|1992||5.16||The President promulgated the amendment to Article 100 of the "Criminal Code of the Republic of China".|
|5.18||Chen Hen-ren was appointed as the Prosecutor General of Supreme Prosecutors Office.|
The Ministry of Justice issued the "Rules on the Implementation of Communications Monitoring by Prosecution Organs".
(The Communication Security and Surveillance Act was promulgated by the President on July 14, 1999).
|1993||2.27||Ma Ying-jeou was appointed as the Minister of Justice.|
|9.29||The Ministry of Justice had approved the "Rules on the handling of news reports on criminal cases investigated by the prosecutors, polices and investigation authorities", stipulating that the police and investigation authorities were required to release news according the the above-mentioned Rules before the end of the investigation, and shall be approved by the head of the higher authorities. The prosecutorial organ shall issue press release after it is approved by the chief prosecutor or the Prosecutor General, and the above-mentioned Rules were implemented by the Supreme Prosecutors Office on October 7th.|
|1995||3.8||The Ministry of Justice promulgated the "Precaution for prosecutors to search government agencies."|