Sources: All Taipei Newspapers

 

December 27, 2013

 

 

The Judiciary and Laws Committee of the Legislative Yuan yesterday passed an amendment bill to the Fair and Speedy Criminal Trials Act (刑事妥速審判法).  The amendment stipulates that prosecutors may not appeal the third acquittal rulings once again in retrials of Taiwan Provincial High Court, the appellate court, unless the ruling is believed unconstitutional, contravenes interpretations of the Judicial Yuan or legal precedents, in order to prevent the abuse of authority by prosecutors to file appeals.

 

According to the Justice Ministry, the main reason criminal cases were dragging in court was the fact that the Supreme Court repeatedly vacated rulings and remanded cases to the lower court for retrial.  The same source indicates that if the amendment merely prohibits prosecutors from appealing after a third acquittal by the appellate court, the problem would still remain, adding that the fact that the Supreme Court frequently vacates rulings and remands cases to the lower court for retrial indicates that the facts in the cases were still in dispute, so it would be inappropriate to impose restrictions on the right of prosecutors to appeal in order to ensure equal justice before the law.

 

【Editor’s note: Prosecutors may appeal all rulings, including acquittals, to a higher court in accordance with ROC laws.】