General Explanation of JRF's Draft Partial Amendments to the Special Act for the Judicial Procedures during the Period of Communicable Diseases with Severe Epidemic Conditions

During a period of severe communicable-disease epidemic, this Special Act is enacted to maintain the effective conduct of judicial proceedings, safeguard the parties' rights to a speedy and fair trial, and protect the health and safety of participants in the proceedings.

The provisions of this Special Act shall apply during periods of severe epidemics of infectious diseases.

The period referred to in the preceding paragraph means a period approved by the Judicial Yuan or the Executive Yuan for agencies under its authority, after determining that measures taken by the central or local competent authority under the Communicable Disease Control Act to control the spread of disease have affected the effective conduct of judicial proceedings and that application of this Special Act is necessary.

The approval under the preceding paragraph shall also designate the area in which this Special Act applies.

Courts may take the following measures notwithstanding otherwise applicable provisions of law:

1. Necessary responsive measures may be taken with respect to courtroom seating, public attendance, and attire.

2. When necessary, a court may temporarily hold a hearing at a designated place outside its territorial jurisdiction.

3. When necessary, a court may use technology capable of transmitting audio and video to pronounce a judgment or ruling in the courtroom or at a place designated under the preceding subparagraph.

To comply with the constitutional principle of public trial, proceedings conducted under this Special Act shall, except in cases lawfully heard in closed court, permit members of the public to observe by technology capable of transmitting audio and video. The Judicial Yuan shall prescribe rules governing such observation.

Unless otherwise provided by law, proceedings conducted under this Special Act shall permit parties and their attorneys to communicate freely and confidentially by technology capable of transmitting audio and video.

Proceedings conducted under this Special Act shall be audio- and video-recorded in full, and a verbatim record shall be prepared in place of the ordinary transcript.

Parties, agents, defense counsel, assistants, and other litigation participants may make audio and video recordings during a hearing. Recordings obtained in this manner may not be disseminated, publicly broadcast, or used for an improper purpose.

If a party, agent, defense counsel, assistant, or other litigation participant believes the verbatim record contains an error or omission, that person may transcribe the hearing recording into writing and ask the court to compare it against and correct the verbatim record.

1. To ensure that remote proceedings under this Act effectively protect the parties' rights, the proceedings must be audio- and video-recorded in full, and a verbatim record should replace the ordinary transcript.

2. Because current technology makes it difficult in practice to prevent participants in remote proceedings from making recordings, the law should instead regulate how those recordings may be used.

Rulings made under this Special Act may be appealed. Trial proceedings shall be stayed while the appeal is pending. The appellate court shall rule within ten days after receiving the case file and exhibits.

During the period in which this Special Act applies, a person who misses a statutory peremptory period because of infection with a communicable disease, restrictions imposed by epidemic-control measures, or another justifiable reason may apply for restoration within one month after the impediment ceases to exist; if the original peremptory period is shorter than one month, the application period shall be the same number of days.

Where a party or litigation participant in a criminal case cannot or is not appropriate to be present, and there is technological equipment capable of mutually transmitting sound and images between their location and the trial court or competent prosecutors office allowing direct interrogation or statement, the court or prosecutor may, after consulting the opinions of the parties, defense counsel, agents of complainants, and litigation participants, and considering that it does not impede the effective exercise of the defendant's right of defense, upon the request of the parties or litigation participants or ex officio, render a ruling to conduct part or all of the proceedings using such equipment, notwithstanding otherwise applicable provisions of the Code of Criminal Procedure.

Where a juvenile or participant in a juvenile matter has the circumstance where direct interrogation or statement can be made via technological equipment as referred to in the preceding paragraph, the juvenile court may, after consulting the opinions of the juvenile and participants, and recognizing that it does not impede the effective exercise of the juvenile's right to expression and other procedural rights and the protection of the juvenile's sound development, upon the request of the juvenile or participant or ex officio, render a ruling to conduct part or all of the proceedings using such equipment, notwithstanding otherwise applicable provisions of the Juvenile Justice Act and the Code of Criminal Procedure.

Where prosecutors' investigators, judicial police officers, or judicial police encounter urgent circumstances, they may, after consulting the opinions of the defendant, suspect, juvenile, or participants, and considering that it does not impede the effective exercise of the defendant's or suspect's right of defense or the juvenile's right to expression and other procedural rights, use technological equipment capable of mutually transmitting sound and images to question the defendant, suspect, juvenile, defense counsel, assistants, and other participants, notwithstanding otherwise applicable provisions of the Code of Criminal Procedure and the Juvenile Justice Act.

In the circumstances of the preceding three paragraphs, the provisions of the Code of Criminal Procedure and the Juvenile Justice Act regarding the signature, seal, or fingerprint on the transcript by the person interrogated, questioned, or present shall not apply.

Where a party or litigation participant in a criminal case cannot or is not appropriate to be present, and there is technological equipment capable of mutually transmitting sound and images between their location and the trial court or competent prosecutors office allowing direct interrogation or statement, the court or prosecutor may, after consulting the opinions of the parties and litigation participants, and considering that it does not impede the effective exercise of the defendant's right of defense, upon the request of the parties or litigation participants or ex officio, render a ruling to conduct part or all of the proceedings using such equipment, notwithstanding otherwise applicable provisions of the Code of Criminal Procedure.

Where a juvenile or participant in a juvenile matter has the circumstance where direct interrogation or statement can be made via technological equipment as referred to in the preceding paragraph, the juvenile court may, after consulting the opinions of the juvenile and participants, and recognizing that it does not impede the effective exercise of the juvenile's right to expression and other procedural rights and the protection of the juvenile's sound development, upon the request of the juvenile or participant or ex officio, conduct part or all of the proceedings using such equipment, notwithstanding otherwise applicable provisions of the Juvenile Justice Act and the Code of Criminal Procedure.

Where prosecutors' investigators, judicial police officers, or judicial police encounter urgent circumstances, they may, after consulting the opinions of the defendant, suspect, juvenile, or participants, and considering that it does not impede the effective exercise of the defendant's or suspect's right of defense or the juvenile's right to expression and other procedural rights, use technological equipment capable of mutually transmitting sound and images to question the defendant, suspect, juvenile, or participants, notwithstanding otherwise applicable provisions of the Code of Criminal Procedure and the Juvenile Justice Act.

In the circumstances of the preceding three paragraphs, the provisions of the Code of Criminal Procedure and the Juvenile Justice Act regarding the signature, seal, or fingerprint on the transcript by the person interrogated, questioned, or present shall not apply.

Where a defendant is detained or detention is extended after being interrogated by a judge using technological equipment pursuant to paragraph 1 of the preceding article, the detention warrant or ruling may be transmitted to the defendant and defense counsel via telefacsimile or other technological equipment, and the original or certified copy shall be subsequently delivered.

In the circumstance of the preceding paragraph, service shall take effect when the detention warrant or ruling is transmitted to the defendant.

Where a party, defense counsel, or litigation participant states that they have telefacsimile or electronic mail equipment available for the transmission of documents, the court may transmit documents via telefacsimile or electronic mail equipment.

Where a party, defense counsel, With the court's permission, a party, defense counsel, or litigation participant may transmit documents by fax or email; when granting permission, the court shall designate the fax number or email address and specify the information that must appear on the first page of the document.

The transmission under the preceding two paragraphs shall take effect as service when transmitted to the equipment stated or designated by the other party. However, if the defendant is in a correctional institution, service shall take effect only when the head of the correctional institution delivers the document to the defendant. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to detention or extension of detention in juvenile protection cases; the provisions of the preceding three paragraphs shall apply mutatis mutandis to investigation, trial, and execution procedures in juvenile protective cases.

The provisions of paragraphs 3 to 5 shall apply mutatis mutandis to the prosecutor's investigation procedure.

Where a defendant is detained or detention is extended after being interrogated by a judge using technological equipment pursuant to paragraph 1 of the preceding article, the detention warrant or ruling may be transmitted to the defendant via telefacsimile or other technological equipment, and the original or certified copy shall be subsequently delivered.

In the circumstance of the preceding paragraph, service shall take effect when the detention warrant or ruling is transmitted to the defendant.

Where a party or litigation participant states that they have telefacsimile or electronic mail equipment available for the transmission of documents, the court may transmit documents via telefacsimile or electronic mail equipment.

With the court's permission, a party or litigation participant may transmit documents by fax or email; when granting permission, the court shall designate the fax number or email address and specify the information that must appear on the first page of the document.

The transmission under the preceding two paragraphs shall take effect as service when transmitted to the equipment stated or designated by the other party. However, if the defendant is in a correctional institution, service shall take effect only when the head of the correctional institution delivers the document to the defendant. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to detention or extension of detention in juvenile protection cases; the provisions of the preceding three paragraphs shall apply mutatis mutandis to investigation, trial, and execution procedures in juvenile protective cases.

The provisions of paragraphs 3 to 5 shall apply mutatis mutandis to the prosecutor's investigation procedure.

Transcripts under Chapter V of Part I of the Code of Criminal Procedure may be prepared afterward from an audio recording made at the proceeding, notwithstanding otherwise applicable provisions of the Code of Criminal Procedure.

The audio recordings in the preceding paragraph shall be backed up immediately.

The provisions of the preceding two paragraphs shall apply mutatis mutandis to the production of transcripts in juvenile matters.

When handling criminal cases, the court may, after consulting the opinions of the parties, defense counsel, and assistants, and considering circumstances such as whether the defendant is detained, the progress of litigation, and whether measures prescribed in Article 3 can be implemented, or whether technological equipment can be used to conduct the trial, if it deems that there are major difficulties in the trial, render a ruling to suspend the trial before the cause ceases to exist.

When the cause for suspending the trial in the preceding paragraph ceases to exist, the court shall render a ruling to continue the trial, and the parties may also apply to the court to continue the trial.

The provisions of the preceding two paragraphs shall apply mutatis mutandis to juvenile matters; when consulting opinions pursuant to paragraph 1, the opinions of the juvenile's statutory agent, the person currently protecting the juvenile, and the assistant in the juvenile protective matter shall also be consulted.

A prosecutor may apply paragraphs 1 and 2 mutatis mutandis to suspend or resume an investigation.

When handling criminal cases, the court may, after consulting the opinions of the parties, defense counsel, and assistants, and considering circumstances such as whether the defendant is detained, the progress of litigation, and whether measures prescribed in Article 3 can be implemented, or whether technological equipment can be used to conduct the trial, if it deems that there are major difficulties in the trial, suspend the trial before the cause ceases to exist.

When the cause for suspending the trial in the preceding paragraph ceases to exist, the court shall continue the trial, and the parties may also apply to the court to continue the trial.

The provisions of the preceding two paragraphs shall apply mutatis mutandis to juvenile matters; when consulting opinions pursuant to paragraph 1, the opinions of the juvenile's statutory agent, the person currently protecting the juvenile, and the assistant in the juvenile protective matter shall also be consulted.

A prosecutor may apply paragraphs 1 and 2 mutatis mutandis to suspend or resume an investigation.

Where there is technological equipment capable of mutually transmitting sound and images between the location of parties, statutory agents, procedural agents, assistants, or other participants in civil or family matters and the court allowing direct trial, the court may, when it deems appropriate, upon application or ex officio, render a ruling to conduct the trial using such equipment, unrestricted by relevant provisions of civil or family procedural laws.

Where there is technological equipment capable of mutually transmitting sound and images between the location of parties, statutory agents, procedural agents, assistants, or other participants in civil or family matters and the court allowing direct trial, the court may, when it deems appropriate, upon application or ex officio, conduct the trial using such equipment, unrestricted by relevant provisions of civil or family procedural laws.

Where parties, statutory agents, litigation agents, assistants, or other participants in civil or family litigation matters state that they have telefacsimile or electronic mail equipment available for the transmission of litigation documents, the court may transmit litigation documents via telefacsimile or electronic mail equipment.

The transmission in the preceding paragraph has the same effect as service, unrestricted by the provisions of each subparagraph of Paragraph 1 of Article 153-1 of the Code of Civil Procedure and relevant provisions of the Family Act. The provisions of the preceding two paragraphs shall apply mutatis mutandis to other civil and family proceedings. However, where other laws provide otherwise, such provisions shall govern.

When handling civil or family matters, the court may, after consulting the opinions of the parties or participants, and considering circumstances such as the progress of proceedings and whether measures prescribed in Article 3 can be implemented, or whether technological equipment can be used to conduct proceedings, if it deems that the continued conduct of proceedings would be seriously difficult, upon application or ex officio, rule to suspend the proceedings of the case.

The ruling in the preceding paragraph may be revoked by the court upon application or ex officio after the cause for suspension ceases to exist.

Documents in cases concerning judges' duties may be filed or served by fax or other technology in accordance with the Regulations Governing the Use of Fax or Other Technological Equipment for Administrative Litigation Documents.

Where technology capable of transmitting audio and video permits direct adjudication between the court and a party, statutory agent, procedural agent, assistant, or other participant in an administrative litigation case, civil servant disciplinary case, disciplinary case involving a judge or prosecutor, or case concerning a judge's duties, the court may, when appropriate, upon application or ex officio, rule to conduct the proceeding using that technology notwithstanding otherwise applicable provisions of the Administrative Litigation Act, Civil Servant Discipline Act, or Judges Act.

When handling an administrative litigation case, civil servant disciplinary case, disciplinary case involving a judge or prosecutor, or case concerning a judge's duties, the court may, after consulting the parties, defense counsel, agents, representatives, and assistants and considering the progress of the proceeding and whether measures under Article 3 or technological means can be used, rule upon application or ex officio to suspend the proceeding if continuation would be seriously difficult.

The ruling in the preceding paragraph may be revoked by the court upon application or ex officio after the cause for suspension ceases to exist.

This Special Act shall enter into force on the date of promulgation.