Legislative Yuan Third Reading Passes Amendments to Code of Criminal Procedure Concerning Retrial Provisions

Reforming Retrial Procedures, Safeguarding the Rights of the Wronged, and Hoping for the Ultimate Vindication of All Wrongful Convictions

Today, on International Human Rights Day (December 10), the Legislative Yuan passed the third reading of the amendment draft for the retrial procedure under the Code of Criminal Procedure. This reform modifies the retrial process to safeguard the rights of the wrongfully convicted, bringing a potential dawn of hope to those proclaiming their innocence after a final guilty verdict, which is highly commendable.

During the Presidential Office's National Judicial Reform Conference in 2017, Subgroup 1 adopted the resolution "Avoiding Miscarriages of Justice." Following two years of research and deliberation, the Judicial Yuan proposed amendments to the retrial provisions under the Code of Criminal Procedure. These additions incorporate procedural rights for applicants such as the right to review case files, present statements, and participate in evidence investigation, thereby safeguarding the procedural rights of convicted persons applying for a retrial. This makes it more likely for courts to recognize innocent wrongful convictions and creates opportunities for their redress. This legislative amendment can be regarded as one of the important follow-up outcomes of the National Judicial Reform Conference.

Mr. Ch'en Lung-ch'i, the first person exonerated by the Taiwan Association for Innocence, participated in the 2017 National Judicial Reform Conference. During the conference, alongside committee members Wang Wei-chün, Li Chün-i, Yapasuyongu Akuyana, Huang Chih-hao, and Chao I-shan, he co-proposed a motion urging the judiciary to strengthen its mechanism for discovering erroneous judgments after final convictions and to improve the post-conviction remedies system in criminal cases, which garnered support from committee members. This proposal was studied and discussed by a legislative drafting committee formed by the Judicial Yuan, leading to an official proposal this July. Furthermore, Legislator Yu Mei-yu adopted the amendment proposals regarding retrial procedures put forth by the Taiwan Association for Innocence and the Judicial Reform Foundation in May of this year. Both draft bills passed committee review this October and successfully passed their third reading today, which will further implement due process of law in retrial applications.

It is also noteworthy that Legislator Yu Mei-yu's version originally stipulated that a convicted person acquitted in a retrial could request appropriate disposition for the restoration of reputation. Following review by the Judiciary and Organic Laws and Statutes Committee, this was modified and passed as an accompanying resolution, and future studies will deliberate on adding relevant provisions to the Criminal Compensation Act. Moving forward, the Taiwan Association for Innocence and the Judicial Reform Foundation will continue to monitor the reform of the Criminal Compensation Act and make sustained efforts to remedy the harm suffered by the wrongfully convicted due to judicial miscarriages.

This legislative amendment is of great significance to everyone entangled in wrongful convictions, as miscarriages of justice will be more likely to come to light. We thank the Judicial Yuan for submitting the draft to implement the resolutions of the National Judicial Reform Conference, and we also thank the many legislators in the Legislative Yuan for their emphasis on the redress of wrongful convictions. Special thanks go to Legislator Yu Mei-yu for leading the proposal and Convener Chou Chun-mi for scheduling the bill for review. We look forward to the new law taking effect, granting more wrongfully convicted individuals the opportunity for a retrial and enabling the vindication of wrongful convictions.