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【New System for Appeals under the Code of Criminal Procedure】Opportunity for Third Instance for Cases with Judgement of “Not Guilty” at First Instance and “Guilty” at Second Instance

To protect the right of the accused to file an appeal as stated in the Constitutional Court Republic of China (Taiwan) Reporter - Interpretations No. 752 and to adhere to Paragraph 5 of Article 14 of the International Covenant on Civil and Political Rights that “Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law”, the amended Code of Criminal Procedure allows appeals for the cases with judgement of “not guilty” at first instance and “guilty” at second instance. Previously the third instance was not possible for such cases. Appeals become possible under the amended laws. This is to protect the right of the persons who has been judged to be guilty to seek review and remedy. (Article 253, Article 284-1, and Article 376 of the Code of Criminal Procedure)

  • Release Date : 2017-11-16
  • Update : 2021-07-09
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