The Supreme Court yesterday dismissed a petition signed by 38 death-row inmates asking it to review a policy which they said allows judges not to recuse themselves in the event of a conflict of interest.
The policy allows judges who have handed down the death penalty or life sentences, as well as those overseeing cases that have been remanded twice, to continue to preside over the cases if they are remanded for retrial until they have been moved to another division or retire.
The request was reviewed in light of whether abolishing the clauses would aid in the conclusion of court cases that have dragged on and whether it would uphold the rights of all those involved.
The majority of attending judges said the panel should not vote on the issue and should maintain the policy.
Under the Guidelines on Assigning Supreme Court Criminal Cases (最高法院刑事分案實施要點), court cases resulting in the death penalty or life sentences that have been remanded by a higher appellate court go to the same judge who presided over the case.
Similarly, rulings that have been appealed after the case has been remanded to a lower court for a third time go to the same judge who presided over the trial during the third appeal.
In 1987, the Judicial Yuan, hoping to increase trial efficacy, asked that the Supreme Court consider the viability of having civil and criminal case appeals remanded at least twice to be handled by the same presiding judge, the Supreme Court said.
The Judicial Yuan and Executive Yuan’s discussion stated that such action was, in principle, viable and would not harm the interests of those involved, it said.
Similarly, the remanding of death or life sentences being handled by the same judges has been implemented per the Judicial Yuan’s request in 1989, the Supreme Court said, adding that this decision has been documented to prevent further debate.
Hong Kong singer Andy Lau’s (劉德華) concert in Taipei tonight has been cancelled due to Typhoon Kong-rei and is to be held at noon on Saturday instead, the concert organizer SuperDome said in a statement this afternoon. Tonight’s concert at Taipei Arena was to be the first of four consecutive nightly performances by Lau in Taipei, but it was called off at the request of Taipei Metro, the operator of the venue, due to the weather, said the organizer. Taipei Metro said the concert was cancelled out of consideration for the audience’s safety. The decision disappointed a number of Lau’s fans who had
Commuters in Taipei picked their way through debris and navigated disrupted transit schedules this morning on their way to work and school, as the city was still working to clear the streets in the aftermath of Typhoon Kong-rey. By 11pm yesterday, there were estimated 2,000 trees down in the city, as well as 390 reports of infrastructure damage, 318 reports of building damage and 307 reports of fallen signs, the Taipei Public Works Department said. Workers were mobilized late last night to clear the debris as soon as possible, the department said. However, as of this morning, many people were leaving messages
A Canadian dental assistant was recently indicted by prosecutors after she was caught in August trying to smuggle 32kg of marijuana into Taiwan, the Aviation Police Bureau said on Wednesday. The 30-year-old was arrested on Aug. 4 after arriving on a flight to Taiwan Taoyuan International Airport, Chang Tsung-lung (張驄瀧), a squad chief in the Aviation Police Bureau’s Criminal Investigation Division, told reporters. Customs officials noticed irregularities when the woman’s two suitcases passed through X-ray baggage scanners, Chang said. Upon searching them, officers discovered 32.61kg of marijuana, which local media outlets estimated to have a market value of more than NT$50 million (US$1.56
FATALITIES: The storm claimed at least two lives — a female passenger in a truck that was struck by a falling tree and a man who was hit by a utility pole Workers cleared fallen trees and shop owners swept up debris yesterday after one of the biggest typhoons to hit the nation in decades claimed at least two lives. Typhoon Kong-rey was packing winds of 184kph when it slammed into eastern Taiwan on Thursday, uprooting trees, triggering floods and landslides, and knocking out power as it swept across the nation. A 56-year-old female foreign national died from her injuries after the small truck she was in was struck by a falling tree on Provincial Highway 14A early on Thursday. The second death was reported at 8pm in Taipei on Thursday after a 48-year-old man