The Constitutional Court on Monday is to rule on whether a legal clause requiring third appeals by death-row inmates to be tried by the same judge is unconstitutional.
A current Supreme Court procedural rule states that “cases remanded twice and appealed for a third trial,” and “serious criminal cases remanded and re-appealed” should be heard by the same presiding judge, commonly referred to as the "same judge clause."
Photo: CNA
Thirty-five death row inmates have petitioned for a constitutional interpretation of the clause, saying that it infringes on their legal rights.
If the clause is ruled to be unconstitutional, and the grand justices have not made other provisional sanctions, the 35 prisoners can request the Chief Prosecutor to file an extraordinary appeal for a retrial. If the Supreme Court decides to revoke the original verdict and remands the case, death row inmates detained for over five years must be released according to the Criminal Speedy Trial Act (刑事妥速審判法).
However, if the clause is not ruled to be unconstitutional, the inmates would not have any legal recourse, and would remain in custody awaiting execution.
Monday’s ruling will address the same judge clause, as well as other Supreme Court procedural issues, in an amalgamated case that has been in trial for 10 months.
No cases will be tried by the Constitutional Court for one month following the ruling.
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