Press Conference | Reducing Judicial Workload and Improving Judicial Quality-Release of the Judicial Workload Reduction Draft

Proposed Amendment

Article 92 of the Code of Criminal Procedure

1. A person without authority to investigate crimes who arrests a flagrant offender shall immediately deliver the arrested person to a prosecutor, judicial police officer, or judicial police.
2. A judicial police officer or judicial police who arrests or receives a flagrant offender shall immediately transfer the arrested person to a prosecutor.
3. Where any of the following circumstances exists and a prosecutor determines that transfer is unnecessary, the preceding paragraph need not apply:
   1. The offense is a minor violation of Article 320, Paragraph 1 of the Criminal Code.
   2. The offense carries a maximum principal punishment of imprisonment for no more than three years.
   3. The offense is prosecutable only upon complaint or request.
4. A person who arrests a flagrant offender under Paragraph 1 shall be questioned as to name, domicile or residence, and the reason for the arrest.

Proposed Amendments

Article 251, Paragraph 1 of the Code of Criminal Procedure

1. Unless otherwise provided by law, Where, based on the evidence obtained in the investigation, there is sufficient suspicion that the defendant committed an offense, the prosecutor shall institute a public prosecution.

Article 253-1, Paragraph 1 of the Code of Criminal Procedure

1. Where the investigation establishes sufficient suspicion that the defendant committed an offense and the procedural requirements for prosecution are met, but the prosecutor considers deferred prosecution appropriate after taking into account the matters listed in Article 57 of the Criminal Code, the seriousness of the case, and the public interest, the prosecutor may issue a deferred-prosecution disposition for a period of not less than one year and not more than five years, beginning on the date the disposition becomes final.

Article 253-2, Paragraph 1 of the Code of Criminal Procedure

1. When issuing a deferred-prosecution disposition, a prosecutor may order the defendant to comply with or perform any of the following within a specified period:
   1. Apologize to the victim.
   2. Submit a written statement of repentance.
   3. Pay the victim an appropriate amount as compensation for pecuniary or non-pecuniary harm.
   4. Pay a specified amount to the public treasury; the competent prosecutors office may allocate a prescribed percentage to subsidize qualifying public-interest organizations or local self-government bodies.
   5. Perform between 40 and 240 hours of community service for a designated government agency, public institution, administrative corporation, community, or other organization serving a public-interest purpose.
   6. Complete addiction treatment, psychiatric treatment, psychological counseling, or another appropriate intervention.
   7. Comply with orders necessary to protect the victim's safety.
   8. Comply with orders necessary to prevent reoffending.
   9. Comply with other appropriate and necessary orders after consideration of the harm caused by the offense and the defendant's financial or credit circumstances.

Point 9 of the Guidelines for Prosecutors Offices Handling Deferred-Prosecution Dispositions (excerpt)

(1) Agencies, institutions, and personnel handling deferred-prosecution dispositions shall properly safeguard defendants' personal data and maintain confidentiality.
(2) Performance-appraisal standards for relevant personnel are as follows:

1. Prosecutors: for each final deferred-prosecution disposition issued under Article 253-1, Paragraph 1 of the Code of Criminal Procedure, 0.02 points shall be added to the prosecutor's overall case-handling score; if the deferred-prosecution disposition is not revoked by the end of the deferral period, another 0.02 points shall be added. Once final deferred-prosecution dispositions reach a specified volume, a district prosecutors office may offset them against the assignment of ordinary investigation cases.

(Remaining provisions omitted.)

Proposed Amendments

Article 164 of the Code of Criminal Procedure

1. The presiding judge shall present exhibits to the parties, agents, defense counsel, or assistants for identification.
2. If an exhibit under the preceding paragraph is a document and the defendant does not understand its meaning, the presiding judge shall explain its gist.
3. In a case in which the defendant is represented by counsel, if the presiding judge considers it appropriate and the parties, agents, defense counsel, or assistants consent, the court may provide an evidence list before the hearing and request written views from the parties, defense counsel, or agents. They may also state the gist of their views orally at the hearing, in which case the preceding two paragraphs need not apply.

Article 165 of the Code of Criminal Procedure

1. Where records or other documents in the case file may be used as evidence, the presiding judge shall read them aloud or inform the parties, agents, defense counsel, or assistants of their gist.
2. If a document under the preceding paragraph concerns public morals, public order, or matters that could damage another person's reputation, it shall be made available for inspection rather than read aloud. If the defendant does not understand its meaning, the presiding judge shall explain its gist.
3. In a counseled case, if the presiding judge considers it appropriate and the parties, agents, defense counsel, or assistants consent, the court may provide a document list before the hearing and request written views from the parties, defense counsel, or agents. They may also state the gist of their views orally at the hearing, in which case the preceding two paragraphs need not apply.

Article 288-1 of the Code of Criminal Procedure

1. After examination of each item of evidence is completed, the presiding judge shall ask the parties whether they have any comments. The preceding paragraph does not apply in the circumstances described in Article 164, Paragraph 3 and Article 165, Paragraph 3.
2. The presiding judge shall inform the defendant that the defendant may present favorable evidence.

Proposed Amendments

Article 454 of the Code of Criminal Procedure

1. A summary judgment shall contain the following:
   1. The matters listed in Article 51, Paragraph 1.
   2. The criminal facts and the evidence relied upon.
   3. The applicable statutory provisions.
   4. The matters listed in Article 309.
   5. Notice that an appeal may be filed within twenty days after service of the summary judgment, except where no appeal is permitted.
2. The judgment may be prepared in simplified form. If the criminal facts, evidence, and applicable statutory provisions found by the court are identical to those stated in the prosecutor's request for summary judgment or indictment, the judgment may incorporate them by reference.
3. In place of the judgment described in Paragraph 1, the court clerk may record the disposition, a summary of the criminal facts, the applicable penalty provisions, and appeal instructions in the record of oral pronouncement. The appeal period shall run from the date of oral pronouncement; however, a party may request delivery of a written judgment within ten days after pronouncement, in which case the appeal period shall run from service of that judgment.
4. The record of oral pronouncement under the preceding paragraph may summarize the relevant matters or incorporate the prosecutor's indictment, hearing record, or other documents by reference and may attach those documents where necessary.

Proposed Amendments

Article 455-2 of the Code of Criminal Procedure

1. Except for offenses punishable by death or life imprisonment, offenses carrying a minimum principal punishment of imprisonment for three years or more, and cases within the High Court's first-instance jurisdiction, after a prosecutor institutes a public prosecution or files a request for summary judgment and before the close of oral argument at first instance or issuance of a summary judgment, the prosecutor may, after consulting the victim, either on the prosecutor's own initiative or at the request of the defendant, the defendant's agent, or defense counsel, and with the court's consent, negotiate outside the trial regarding the following matters. If the parties reach agreement and the defendant pleads guilty, the prosecutor may request that the court proceed under the plea-bargaining procedure and render judgment:
   1. The defendant agrees to accept an offense within the scope of the same basic social facts, a specified range of sentence and confiscation, or a suspended sentence.
   2. The defendant apologizes to the victim.
   3. The defendant pays an appropriate amount of compensation.
   4. The defendant pays a specified amount to the public treasury, of which the competent prosecutors office may allocate a prescribed percentage to qualifying public-interest organizations or local self-government bodies. A prosecutor negotiating the matters in Subparagraphs 2 and 3 shall obtain the victim's consent. The plea-negotiation period shall not exceed thirty days. Rules governing the allocation percentage and the receipt, expenditure, supervision, and management of amounts under Subparagraph 4 shall be jointly prescribed by the Executive Yuan and Judicial Yuan.

Article 455-4 of the Code of Criminal Procedure

1. A court shall not render a plea-bargaining judgment under any of the following circumstances:
   1. The parties have revoked their agreement or the plea-bargaining request has been withdrawn under Paragraph 2 of the preceding Article.
   2. The defendant did not enter the plea voluntarily.
   3. The plea agreement is clearly improper or manifestly unfair.
   4. The offense is not one for which a plea-bargaining judgment may be requested under Article 455-2, Paragraph 1.
   5. The basic social facts found by the court clearly differ from the basic social facts covered by the plea agreement.
   6. The defendant has facts constituting another, more serious offense that would be treated as a single adjudicated offense.
   7. The court determines that it should pronounce exemption from punishment, dismissal, or inadmissibility.
2. Unless one of the circumstances in the preceding paragraph applies, the court shall render judgment within the scope of the plea agreement without oral argument. The sentence imposed in a plea-bargaining judgment shall be limited to a suspended sentence, imprisonment for no more than two years, short-term imprisonment, or a fine.
3. If the parties reach an agreement under Article 455-2, Paragraph 1, Subparagraphs 2 through 4, the court shall record the agreement in the record or judgment.
4. When the court renders judgment within the scope of the plea agreement, agreements under Article 455-2, Paragraph 1, Subparagraphs 3 and 4 may serve as enforceable titles for civil compulsory execution.

Point 138, Paragraph 1 of the Guidelines for Prosecutors Offices Handling Criminal Cases

1. Where a case has a victim, the prosecutor shall consult the victim before requesting the court's consent to conduct plea negotiations. This requirement does not apply if the victim fails to express a view within one month after receiving notice of the consultation.

Point 141 of the Guidelines for Prosecutors Offices Handling Criminal Cases

1. Before plea negotiations begin, the prosecutor shall complete a form stating the time and place. If the prosecutor conducts the negotiations personally, a prosecutor's investigator or clerk shall be present to assist; if the prosecutor directs a prosecutor's investigator to conduct them, a clerk shall be present. The result shall be reduced to writing and signed by all participants.
2. The plea-negotiation process may be audio-recorded where necessary.
3. The plea-negotiation result shall be submitted to the supervising chief prosecutor or chief prosecutor for approval. This requirement does not apply where the defendant is charged with an offense carrying a maximum principal punishment of imprisonment for no more than three years, short-term imprisonment, or a fine only.
4. Pre-negotiation exchanges shall be documented in writing and may be audio-recorded where necessary.
5. The written record of pre-negotiation exchanges shall be submitted to the supervising chief prosecutor for review, except where the defendant is charged with an offense carrying a maximum principal punishment of imprisonment for no more than three years, short-term imprisonment, or a fine only.

Proposed Amendments

Article 24 of the Regulations Governing Selection, Appointment, Training, Work Management, and Evaluation of Judicial Assistants

1. Judicial assistants shall assist judges in litigation, non-contentious, and compulsory-enforcement matters. Their duties include:
   (1) Assisting judges with procedural review in litigation, legal research and analysis, and collection of case materials.
   (2) Assisting judges with procedural and substantive review in non-contentious and compulsory-enforcement matters.
   (3) Assisting judges in organizing the parties' claims and evidence, analyzing disputed issues, and compiling decisions from earlier instances, and drafting judicial decisions.
   (4) Assisting judges in proofreading decisions and in checking, reviewing, and confirming files for archiving.
   (5) Assisting in preparing distribution schedules and certificates of claim.
   (6) Assisting in preparing, transmitting, and displaying electronic case files.
   (7) Other assigned matters.

Article 26-1 of the Regulations Governing Selection, Appointment, Training, Work Management, and Evaluation of Judicial Assistants

1. When a judge instructs a judicial assistant to draft a judicial decision, the judge shall provide the assistant with the proposed disposition and the reasons underlying the judge's evaluation of the case.
2. The judicial assistant shall record the proposed disposition and reasons described in the preceding paragraph and preserve the revision history of the judicial decision in an electronic form capable of third-party verification.