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Question11: What are the regulations governing an appeal? How to apply for an appeal to a prosecutor?

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  • Last updated:2020-04-06
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Answer: 1. Regulations governing an appeal include, but not limited to, the following: (1)Article 344 of the Code: “A party who disagrees with the judgment of a lower court may appeal to the appellate court” (Paragraph 1). “Where a private prosecutor loses his legal capacity or dies prior to the conclusion of the argument, a person listed in Paragraph 1 of Article 319 may appeal for the said private prosecutor” (Paragraph 2) “Where a complainant or victim disagrees with the judgment of a lower court, he/she may request the prosecutor to appeal with reasons set forth” (Paragraph 3). “A prosecutor may appeal for interests of the defendant” (Paragraph 4). “The original trial court shall report cases sentenced capital punishment or life imprisonment to the appellate court muto proprio without an appeal and notify parties” (Paragraph 5). “Under the circumstance specified in the preceding paragraph, it is deemed that a defendant has appealed” (Paragraph 6). (2)Article 345 of the Code: “Parents or spouse of a defendant may appeal independently for interests of the defendant.” Article 346 of the Code: “An agent or defense attorney in the original trial may appeal for interests of the defendant; provided that it may not be contrary to defendant’s express will.” (3)Article 347 of the Code: “A prosecutor may appeal independently for judgments in private prosecutions.” (4)Article 349 of the Code: “The time limit for filing an appeal is 10 days start from the day the judgment is served; provided that appeals made after the judgment announcement and before the service are also effective.” (5)Article 361 of the Code: “A person who disagrees with a judgment of first instance made by a district court shall file an appeal to the court of appeal with jurisdiction of the second instance” (Paragraph 1). “A written petition of appeal shall set forth specific ground of reasons” (Paragraph 2). “A person who fails to set forth ground of reasons in a written petition of appeal shall submit ground of reasons in writing to the original trial court within 20 days since the appeal period lapses. The original trail court shall set a period for those who fail to submit written ground of reasons in the specified period to correct the defect” (Paragraph 3). (6)Article 377 of the Code: “Appeals to the court of third instance may only be filed where the judgment is in contravention of the laws and regulations.” (7)Article 382 Paragraph 1 of the Code(Appeal to the Third Instance): “Ground of reasons for appeal shall be set forth in a written pleading of appeal; those who fail to set forth the reasons may submit supplementary reasons in writing to the original court within 10 days since the appeal is filed; if [failing] to correct such defect, no submission shall be ordered.” 2. Pursuant to Article 344 Paragraph 3 of the Code, a complainant or victim shall prepare sufficient reason(s) to apply for an appeal to a prosecutor and, based on the original judgment by either a district court or high court, appeal respectively to the prosecutor at the district prosecutors office or Taiwan High Prosecutors Office. Moreover, the appeal to a prosecutor is limited to ten (10) days, commencing the service of judgement. Therefore, when intending to apply for an appeal to a prosecutor, the complainant or victim shall pay attention to said appeal time limit.

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