Following a 36-hour review, the National Judge Act (國民法官法) yesterday cleared the legislative floor, providing the legal basis for a lay judge system for criminal offenses, which is expected to go into effect in January 2023.
The act mandates that lay judges, termed “national judges” in the act, take part in the review of cases of crimes warranting a prison term of at least 10 years or premeditated crimes that resulted in death.
Three career judges and six national judges would form the collegiate bench for the reviews, the act states.
Photo: CNA
A guilty verdict would require the consent of career and national judges, and at least two-thirds of all of the members of the bench — otherwise, the bench should acquit or rule in favor of the defendant, it states.
A deliberation of the death penalty would also require the consent of career and national judges, and at least two-thirds of all members on the bench, it adds.
When a prosecutor indicts a suspect in a case filed under the lay judge system, the case files and evidence would not be forwarded to the presiding court, and the indictment would not contain any language that might influence the court’s ruling, it states.
As soon as an indictment is made, the prosecutor should provide the defendant with any evidence against them, except in cases where doing so would negatively affect the review of another case, infringe on the privacy or commercial secrets of a third party, or threaten other people’s safety, it states.
National judges must be allowed to exercise their authority independently and in good faith, and be free from any influences, it states.
National judges who leak secrets shared with them in the discharging of their duties would face a prison term of up to a year or a fine of up to NT$100,000 (US$3,387), it adds.
National judges would be randomly selected by local governments from among Republic of China citizens who are at least 23 years old and have lived within a court’s jurisdiction for at least four months.
Employees selected to serve as national judges are to be awarded leave for the time spent in court.
National judges would be reimbursed about NT$3,000 per day, a Judicial Yuan estimate showed.
The president, the vice president, legislators, city or county councilors, central and local government agency heads and employees, people who have been stripped of their civil rights, those who have not finished compulsory education, former or active judges, and lawyers are not allowed to serve as national judges, it states.
Also, people who are detained, imprisoned, have been convicted or are in rehabilitation cannot be selected, it adds.
National judges who take bribes, engage in quid pro quo arrangements or seek other undue benefits would face a prison term of up to 10 years and a possible fine of NT$2 million, while those seeking to bribe a national judge would face a prison term of up to seven years and a possible fine of up to NT$1 million, it states.
The lay judge system would undergo a trial period of six years starting on Jan. 1, 2023, with the Judicial Yuan having the authority to extend or reduce the trial, it states.
The Judicial Yuan is to evaluate the system’s efficacy after the trial period and make suggestions to the Legislative Yuan on amending the system, it adds.
RESPONSE: The transit sends a message that China’s alignment with other countries would not deter the West from defending freedom of navigation, an academic said Canadian frigate the Ville de Quebec and Australian guided-missile destroyer the Brisbane transited the Taiwan Strait yesterday morning, the first time the two nations have conducted a joint freedom of navigation operation. The Canadian and Australian militaries did not immediately respond to requests for comment. The Ministry of National Defense declined to confirm the passage, saying only that Taiwan’s armed forces had deployed surveillance and reconnaissance assets, along with warships and combat aircraft, to safeguard security across the Strait. The two vessels were observed transiting northward along the eastern side of the Taiwan Strait’s median line, with Japan being their most likely destination,
‘NOT ALONE’: A Taiwan Strait war would disrupt global trade routes, and could spark a worldwide crisis, so a powerful US presence is needed as a deterrence, a US senator said US Senator Deb Fischer on Thursday urged her colleagues in the US Congress to deepen Washington’s cooperation with Taiwan and other Indo-Pacific partners to contain the global security threat from China. Fischer and other lawmakers recently returned from an official trip to the Indo-Pacific region, where they toured US military bases in Hawaii and Guam, and visited leaders, including President William Lai (賴清德). The trip underscored the reality that the world is undergoing turmoil, and maintaining a free and open Indo-Pacific region is crucial to the security interests of the US and its partners, she said. Her visit to Taiwan demonstrated ways the
GLOBAL ISSUE: If China annexes Taiwan, ‘it will not stop its expansion there, as it only becomes stronger and has more force to expand further,’ the president said China’s military and diplomatic expansion is not a sole issue for Taiwan, but one that risks world peace, President William Lai (賴清德) said yesterday, adding that Taiwan would stand with the alliance of democratic countries to preserve peace through deterrence. Lai made the remark in an exclusive interview with the Chinese-language Liberty Times (sister paper of the Taipei Times). “China is strategically pushing forward to change the international order,” Lai said, adding that China established the Asia Infrastructure Investment Bank, launched the Belt and Road Initiative, and pushed for yuan internationalization, because it wants to replace the democratic rules-based international
RELEASED: Ko emerged from a courthouse before about 700 supporters, describing his year in custody as a period of ‘suffering’ and vowed to ‘not surrender’ Former Taiwan People’s Party (TPP) chairman Ko Wen-je (柯文哲) was released on NT$70 million (US$2.29 million) bail yesterday, bringing an end to his year-long incommunicado detention as he awaits trial on corruption charges. Under the conditions set by the Taipei District Court on Friday, Ko must remain at a registered address, wear a GPS-enabled ankle monitor and is prohibited from leaving the country. He is also barred from contacting codefendants or witnesses. After Ko’s wife, Peggy Chen (陳佩琪), posted bail, Ko was transported from the Taipei Detention Center to the Taipei District Court at 12:20pm, where he was fitted with the tracking
RSS