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Nationalist Government Era (2012.1.1~2012.12.31)

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  • Last updated:2021-01-08
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Year Date Events
2012 01/06

The Judges Act was promulgated on July 6th, 2011. According to Article 103 thereof, the judges and prosecutors evaluation shall be implemented six months after the Act was promulgated. According to paragraph 1 of Article 89, to which Article 34 would apply, the Ministry of Justice initiated the relevant regulations of prosecutor evaluation and established the “Prosecutor Evaluation Committee” on January 6th, 2012. The "Prosecutor Evaluation Committee" consists of three prosecutor representatives, one judge representative, three lawyer representatives, and four academia and societal representatives.

The "Prosecutor Evaluation Committee" introduces external evaluation representative to participate in the evaluation of prosecutors. In addition to expanding the outside participation in the supervision of the judiciary, it can also ensure the exercise of the evaluation committee can be free of professional prejudice and can enhance the people's trust in the fairness of the evaluation results.

2012 06/04 The Supreme Court held the second 2012 Criminal Court Meeting on January 17th, 2012 and resolved that, "for the ex officio investigating of facts by the court to maintain justice or discovering evidence referred to in proviso of paragraph 2, Article 163 of Code of Criminal Procedure, the interpretation of the purpose shall be limited to the interest of the accused." It caused many doubts among legal scholars and practitioners. Prosecutor Wu Hsun-lung of Penghu District Prosecutors Office protested the resolution, arguing that the court only had the duty to investigate the matters in favor of the defendant but did not have the obligation to actively investigate evidences against the defendant. Moreover, the slogan-style adherence to the principle of presumed innocence lacks argumentation. He sat in the front of the Supreme Court for 2 hours on June 4th, 2012, and the Prosecutors Association, ROC (Taiwan) also launched a petition that was countersigned by a total of 1078 prosecutors, 27 scholars and 23 victims.
2012 08/14 For the robbing and murdering case of Su Chien-ho, Liu Bin-lang and Chuang Lin-hsun took place on March 23rd, 1991, the three accused were sentenced to death, but the death penalty execution order was never issued through several Ministers of Justice. After the retrial procedure started on November 4, 2000 and more than six years of trials by the Taiwan High Court, there were two acquitted rulings. The Taiwan High Court issued the final ruling of not guilty on August 14, 2012. According to Article 8 of the Criminal Speedy Trial Act, it could no longer be appealed to the Supreme Court, and the ruling was final.
2012 12/05 In the Joint Meeting of Presidents of the Civil and Criminal Divisions and Judicial Affairs Assignment Team of the Civil and Criminal Judges that took place on October 30th, 2012, the Supreme Court decided that starting from December 2012, in addition to the verbal debate on the cases of the death penalty in the second instance, the civil and criminal cases with legal significance or value will also have verbal debates. As a result, there will be verbal debates in the civil and criminal cases with legal significance or value in the future to implement the principle of public open trial and protect the rights and interests of involved parties in trials. (quoted from the Supreme Court press release of December 5th, 2012)
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