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List of Application Items and Procedure for the General Public

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  • Last updated:2022-06-14
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Taiwan High Prosecutors Office – List of Application Items and Procedure for the General Public

 

Applied Matter

Content of Application

Applicant

Application Procedure

Documents to be submitted

Competent Authority

Application Period

Time Required

Review Standard and Results

Apply for the prosecutor to appeal

Do not accept the ruling of Taiwan High Court

Complainant or victim

Complainant or victim should submit application to the prosecutor of the Taiwan High Prosecutors Office

The evidence or proof document that supports the disagreement to the original first instant decision

Taiwan High Prosecutors Office

Prosecutor should appeal within 10 days after receiving the decision

After the prosecutor receives the application to appeal, handle it in accordance with the laws in the appeal period

1. The prosecutor should examine whether the appeal has passed the appeal time and whether there is no ground for appeal.

2. If the results of the review indicate that the appeal is legal and not clearly without ground, appeal to the Taiwan High Court. Otherwise, do not appeal and notify the original applicant.

Apply to the prosecutor for an extraordinary appeal

After the verdict was made, it was found that the trial of the case violated the law.

Convicted

Prepare application and apply to the Prosecutor General of Supreme Prosecutors Office, or apply to the prosecutor of Taiwan High Prosecutors Office in writing with stated reasons.

Copy of original Court's Judgment and the evidence

Taiwan High  Prosecutors  Office

After conviction

Process the application upon receipt

After the prosecutor receives the application, review it according to the laws to see whether there is ground for extraordinary appeal. If so, fill out the opinions and send it with the case files to the Prosecutor General of the Supreme Prosecutors Office. If not, contact the Supreme Prosecutors Office for handling and notify the applicant.

Apply for retrial (1)

After the verdict is made, apply for retrial for the interest of the defendant (Article 420 and 421 of the Code of Criminal Procedure).

The convicted person, his/her legal representative or spouse. If the convicted person is dead, his/her spouse, direct blood relatives, collateral blood relatives within the third degree, relatives by marriage within the second degree or parents, or relatives.

In addition to applying to court directly, may also submit application to prosecutor of the Taiwan High Prosecutors Office

Copy of original Court's Judgment and the evidence

Taiwan High  Prosecutors  Office

After conviction, but if the application of retrial is due to the missing of important evidence which was therefore not considered, according to Article 421 of The Code of Criminal Procedure, it shall be handled within 20 days after the ruling arrives.

Process the application upon receipt

1. The prosecutor should examine whether the appeal has passed the statutory time limit and whether there is no ground for appeal.

2. If the results of the review found there is ground to appeal, prepare the retrial application and apply to the court. If there is no ground or the application has passed the application period, do not apply and notify the original applicant.

Apply for retrial (2)

After the verdict is made, apply for retrial against Interests of the convicted (Article 422 of the Code of Criminal Procedure)

Complainant or victim

Submit application to prosecutor of the Taiwan High Prosecutors Office

Copy of original Court's Judgment and the related evidence

Taiwan High  Prosecutors Office

After the completion of execution Within 1/2 of time period stipulated in Paragraph 1, Article 80 of Criminal Code

Process the application upon receipt

1. The prosecutor should examine whether the appeal has passed the statutory time limit and whether there is no ground for appeal.

2. If the results of the review found there is ground to apply, prepare the retrial application and apply to the court. If there is no ground or the application has passed the application period, do not apply and notify the original applicant.

Apply for Proof of completion of execution

State the case number and the cause of the case, and the sentence of imprisonment has been served.

Sentenced

1.  Written complaints

2. Verbal

3. Telephone

Proof documents of having served the sentence of imprisonment.

Taiwan High Prosecutors Office

After the completion of execution

Process at any given time

Review the information of the case and issue the proof of completion of execution.

Apply for the return of bail bond

The case has been finalized or the execution of the case has been ordered or completed.

1. The payer of bail bond (if the case is finalized or has been ordered to complete the execution, normally no application is required).

2. The heir If the payer is dead.

1.  Written complaints

2. Verbal

3. Telephone

Submit the copy of the receipt of the bail bond.

Taiwan High Prosecutors Office

The case has been finalized or the execution of the case has been ordered or completed.

Process at any given time

1. After verifying the copy of the receipt, fill in the triplicate form of return receipt, notify the applicant to receive the bail bond.

2. If the bail bond was made to the court, send mail to the court and ask them to return the bail bond with copy to the applicant.

Apply for the return of evidences and  seized properties

The case has been finalized or the execution of the case has been completed.

1. The owner or the provider.

2. The inheritor

1.  Written complaints

2. Verbal

3. Telephone

Proof documents

Taiwan High Prosecutors Office

The case has been finalized or the execution of the case has been ordered or completed.

Process at any given time

After the prosecutor reviews the application, notify the staff to return.

Apply to ascertain the sentence execution pursuant

Combining punishments for multiple offenses, apply to ascertain the sentence execution pursuant

1. Sentenced

2. Legal representative

3. Spouse

Written complaints

Original of judgement documents

Taiwan High Prosecutors Office

After conviction and before the completion of execution

Process at any given time

After the prosecutor reviews the application and confirms that it meets the regulations of Articles 50 and 51 of the Criminal Code, apply to court to ascertain the sentence execution.

Apply to commute the punishment to a fine

If the Court Judgment states that the punishment can be commuted to a fine, the convicted can apply accordingly.

In principle, the convicted should apply in person. Application filed by his/her legal representative, spouse, relatives and so on is considered exceptions.

The applicant should personally go to the prosecutors office to make a verbal application on the designated date.

Proof documents of identification

Taiwan High Prosecutors Office

After conviction and before the completion of execution

Process at any given time

If the prosecutor finds the application to be in compliance with the regulations, he/she can approve accordingly.

Apply to interrupt (delay) the execution

In case of any of the situation below, the convicted can apply to interrupt (delay) the execution:

1. Insanity. 2. Pregnant for more than five months. 3. Gave birth for less than two months. 4. Became Ill, and the execution may cause the convicted his/her life.

1. Sentenced

2. Legal representative

3. Spouse

4. Relatives

5. Stakeholder

Submit application

Related proof documents

Taiwan High Prosecutors Office

After conviction and before the completion of execution

Process the application upon receipt

After the prosecutor reviews whether the application is in line with the provisions in Article 467 of The Code of Criminal Procedure, reply by mail to the applicant.

Apply to cancel a circular order to arrest

The execution of the wanted person is already ongoing, or if there are other reasons for the cancellation.

1. Wanted person

2. Legal representative

3. Spouse

4. Relatives

5. Stakeholder

Submit an application or apply verbally during the investigation and interrogation by the prosecutor and record it on the transcript.

1. The proof documents of completion of execution or case closure.

2. Submit the reason for cancellation (such as death, military service or serving sentence for another case)

Taiwan High Prosecutors Office

The execution is completed or the reason of the circular order to arrest no longer valid.

Process immediately

If the prosecutor reviews the application and finds that the circular order to arrest is no longer necessary or its cause is no longer valid, cancel the circular order to arrest.

Apply to execute imprisonment

The convicted requests to execute the sentence of imprisonment

Accused

Written complaints

1. Original of Court's Judgment.

2.  Proof documents of identification

Taiwan High Prosecutors Office

After conviction

Process immediately

After the prosecutor reviews the information, order to execute the sentence of imprisonment.

Apply to re-check the status of case

Find out the status of the case.

Complainant or victim

1. Submit application

2. Telephone

Documents that prove the person to be the complainant or the defendant

Taiwan High Prosecutors Office

After Taiwan High Prosecutors Office accept the case and before the end of investigation

Process the application upon receipt

1. If the case is not yet closed, the prosecutor shall consider whether it is necessary to reply or file it as the appendix of record.

2. If the case is already closed, reply to the applicant by mail.

Apply to change the place where service shall be effectuated

The change of place where service shall be effectuated.

Persons concerned in the action, parties

1. The application should state the case number and section name.

2. During the trial, state it verbally and record it in the transcript.

The new place where service shall be effectuated.

Taiwan High Prosecutors Office

After the place where service shall be effectuated is changed, apply at any time.

Process the application upon receipt

After the prosecutor receives the application, the relevant documents should be delivered to the new address.

Apply to call witness or expert witness

The complainant or the defendant may apply to call the witness or expert witness for his/her own interest or for the benefit to the investigation of the case.

Complainant or victim

1. The application should state the case number and section name.

2. During the trial, state it verbally and record it in the transcript.

1. Submit the names, ages, and residences of the witness and expert witness.

2. Matters to be certified and to be proven.

Taiwan High Prosecutors Office

After the case begins and before the investigation ends.

Process the application upon receipt

The prosecutor may decide whether to proceed according to the contents of the application.

Apply to change the date

The applicant is unable to show up on the date of the summon and must change the date. 

Person who is summoned

The application should state the case number and section name.

 

State the reasons or submit the proof to show that the date must be changed.

 

Taiwan High Prosecutors Office

Before the date of summon.

Accept at any given time

If the prosecutor finds it necessary to change the date after reviewing the application, select another day for the summon.

Apply to withdraw the request to review a decision

Withdraw the request to review a decision after the application has been filed.

Complainant or victim

Submit application

The application should state the reasons to withdraw the request.

Taiwan High Prosecutors Office

After requesting to review a decision and before it is completed.

Process at any given time

1. If the case is under review by the Taiwan High Prosecutors Office, file the request as the appendix of record.

2. If the case file has not reached the Taiwan High Prosecutors Office, send the request to the original prosecutors office to proceed.

Other matters that the complainant, victim, defendant or other stakeholder applies for his/her case that needs to be replied.

Whatever the applicant feels necessary for his/her case.

1. Complainant

2. Victim

3. Defendant

4. Stakeholder

Submit application

State the intention of the application.

Taiwan High Prosecutors Office

Before the end of case

   

 

 

 

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