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.
PROVOCATIVE: Chinese Deputy Ambassador to the UN Sun Lei accused Japan of sending military vessels to deliberately provoke tensions in the Taiwan Strait China denounced remarks by Japan and the EU about the South China Sea at a UN Security Council meeting on Monday, and accused Tokyo of provocative behavior in the Taiwan Strait and planning military expansion. Ayano Kunimitsu, a Japanese vice foreign minister, told the Council meeting on maritime security that Tokyo was seriously concerned about the situation in the East China and South China seas, and reiterated Japan’s opposition to any attempt to change the “status quo” by force, and obstruction of freedom of navigation and overflight. Stavros Lambrinidis, head of the EU delegation to the UN, also highlighted South China Sea
The final batch of 28 M1A2T Abrams tanks purchased from the US arrived at Taipei Port last night and were transported to the Armor Training Command in Hsinchu County’s Hukou Township (湖口), completing the military’s multi-year procurement of 108 of the tanks. Starting at 12:10am today, reporters observed more than a dozen civilian flatbed trailers departing from Taipei Port, each carrying an M1A2T tank covered with black waterproof tarps. Escorted by military vehicles, the convoy traveled via the West Coast Expressway to the Armor Training Command, with police implementing traffic control. The army operates about 1,000 tanks, including CM-11 Brave Tiger
Taiwan Semiconductor Manufacturing Co (TSMC, 台積電), the world’s largest contract chipmaker, said it expects its 2-nanometer (2nm) chip capacity to grow at a compound annual rate of 70 percent from this year to 2028. The projection comes as five fabs begin volume production of 2-nanometer chips this year — two in Hsinchu and three in Kaohsiung — TSMC senior vice president and deputy cochief operating officer Cliff Hou (侯永清) said at the company’s annual technology symposium in Silicon Valley, California, last week. Output in the first year of 2-nanometer production, which began in the fourth quarter of last year, is expected to
Taiwan’s drone exports surged past US$100 million in the first quarter, exceeding last year’s full-year total, with the Czech Republic emerging as the largest buyer, the Ministry of Economic Affairs said. Exports of complete drones reached US$115.85 million in the period, about 1.2 times the total recorded for all of last year, the ministry said in a report. Exports to the Czech Republic accounted for about US$100 million, far outpacing other markets. Poland, last year’s top destination, recorded about US$11.75 million in the first quarter. Taiwan’s drone exports have expanded rapidly in the past few years, with last year’s total
RSS