Seminar | Seminar on the Right to Review Case Files During Investigation

For criminal defendants, obtaining litigation information through case file review is extremely important. However, under the current Code of Criminal Procedure, defendants only have the right to review case files during trial, while no such right is granted during the investigation stage. Facing numerous investigative measures that infringe upon fundamental rights—ranging from summonses to pre-trial detention applications that severely violate personal liberty—the situation faced by defendants and defense counsel during investigations is like a blind man feeling an elephant: they must guess the facts and evidence held by the prosecution based on the prosecutor's statements, thereby conducting a defense in the dark. A defense in the dark is practically equivalent to having no defense at all, creating a severe imbalance of arms between the defense and the prosecution. It has also been repeatedly criticized for whether the principle of non-publicity of investigations has been endlessly escalated, disproportionately sacrificing the right to defense of defendants during the investigation stage.

In 2016, the Grand Justices of the Judicial Yuan rendered Judicial Yuan Interpretation No. 737 concerning whether defendants are entitled to the right to obtain case file information during pre-trial detention review proceedings, demanding that the relevant authorities amend the Code of Criminal Procedure. This was regarded as a major breakthrough in safeguarding the criminal defendant's right to review case files. However, after the interpretation was announced, the Ministry of Justice issued a press release clarifying that: "Media reports are mistaken; this interpretation did not declare any provisions of the Code of Criminal Procedure unconstitutional." Evidently, the controversy over whether and how defendants can review files during pre-trial detention review proceedings did not come to an end with the issuance of the Interpretation. With the legislature serving as a new battleground, a new wave of fierce conflicts can be foreseen. Subsequent developments deserve attention and monitoring; therefore, the Judicial Reform Foundation and the Criminal Law Committee of the Taipei Bar Association are jointly holding this seminar, inviting judges, prosecutors, defense attorneys, and scholars, and we cordially invite your critiques and guidance.

Conference Materials

1. Report / Prof. Chen Yun-tsai
2. Discussion Outline / Judge Li Tung-po
3. Discussion Outline / Prosecutor Li Hao-sung
4. Discussion Outline / Attorney Yu Po-hsiang

Online Registration

Time

July 30, 2016 (Sat) 14:00-17:00

Venue

Taiwan International Convention Center, Weicheng Building (4F, No. 125, Sec. 2, Nanjing E. Rd., Taipei City)

Attendees

• Moderator
  • ​Hsu Yü-hsiu / Former Grand Justice
• Reporter
  • Chen Yun-tsai / Professor, Department of Law, National Cheng Kung University
    Report Topic: On Evidence Disclosure in Criminal Proceedings—Focusing on Grand Justices Interpretation No. 737
• Discussants
  • Chen Szu-fan / Judge on Secondment, Criminal Department, Judicial Yuan
  • Li Tung-po / Judge, Taiwan High Court Kaohsiung Branch Court
  • Chen Chung-yen / Attorney, Former Prosecutor, Taipei District Prosecutors Office
  • Li Yi-kuang / Attorney
  • Lai Mi-ting / Attorney
  • Yu Po-hsiang / Attorney

Schedule

Time	Agenda	Moderator / Reporter / Commentator
13:50～14:00	Registration	--
14:00～14:10	Opening Remarks by Moderator	Hsu Yü-hsiu / Former Grand Justice
14:10～14:40	Paper Presentation	Chen Yun-tsai / Professor, Department of Law, National Cheng Kung University
14:40～15:25	Paper Discussion (I)	Chen Szu-fan / Judge on Secondment, Criminal Department, Judicial Yuan Chen Chung-yen / Attorney, Former Prosecutor, Taipei District Prosecutors Office
15:10～15:30	Intermission	--
15:30～16:25	Paper Discussion (II)	Li Tung-po / Judge, Taiwan High Court Kaohsiung Branch Court Li Yi-kuang / Attorney Lai Mi-ting / Attorney Yu Po-hsiang / Attorney
16:20～17:00	Q&A and Response	All Attendees

 

Organizers

Criminal Law Committee, Taipei Bar Association
Taiwan Bar Association
Judicial Reform Foundation