Lay judges in Taiwan

Lay judges in Taiwan are regulated by the National Judges Act or Citizen Judges Act (國民法官法), passed by the Legislative Yuan in July 2020, which will take effect in January 2023.

Background

In her second inaugural address, president Tsai Ing-wen discussed implementing a lay judge system.[1] Subsequently, the preparatory committee for the second National Conference on Judicial Reform was convened in November 2016,[2] following the first conference in July 1999,[3][4] which led to amendments of the Code of Criminal Procedure in February 2003.[5][6]

The 2016–2017 conference considered a number of proposals, including decriminalizing defamation to protect freedom of speech,[7] extending protections offered to judicial victims,[8] independent evaluation of judicial performance,[9] and more amendments to the Code of Criminal Procedure and Implementation Rules of the Code of Criminal Procedure, drafts of which were approved in July 2019.[10]

Throughout the tenure of the second National Conference on Judicial Reform, judicial reform advocacy organizations continued backing a transition to the jury system.[11][12] Specific concerns with the lay judge system included potential political and monetary influence via the career judges sharing the bench,[13][14] or that the opinions of the professional judges would influence decisions of their lay counterparts.[15]

National Judges Act

Bills regarding a lay judge system proposed by the Judicial Yuan were not voted upon in the previous legislative session, leading the Executive Yuan to propose a similar bill for discussion in March 2020.[16][17] The Judicial Yuan also suggested another draft act for citizen participation in criminal trial procedures,[18] stating that the lay judge system allowed citizens to be active in deciding verdicts and sentences, while eliminating hung juries.[19] Cross-caucus negotiations took place throughout July,[20] necessitating an extraordinary session of the Legislative Yuan to be convened.[21][22] The 113 articles of the National Judges Act passed a third legislative reading on 22 July 2020.[23] Upon its passage, the National Judges Act was described as "a major landmark" for judicial reform by Judicial Yuan president Hsu Tzong-li, and by Tsai Ing-wen as "a new era of people's participation in the...judiciary."[24] The National Judges Act will take affect on 1 January 2023.[25] In the act, lay judges are described as national judges.[26] At the district court level, six lay judges would review premeditated crimes leading to death, or crimes requiring imprisonment of ten years or more, alongside three career judges.[26][25] Six of the nine judges, including one career judge, must concur for a guilty verdict.[25] The same majority must concur for a death penalty to be decided.[25] Lay judges are barred from hearing court cases involving minors or drug charges.[25] To serve as a lay judge, one must be a citizen of the Republic of China, be at least 23 years old, have completed a high school education or equivalent, and have lived within the jurisdiction of the district court for four months.[25] Those with a criminal record cannot serve as a lay judge.[25] Under the National Judges Act, exemptions from service may be granted to educators, students, those above 70 years of age, people with health conditions that could be exacerbated by participation in legal proceedings, or those with difficulty setting aside home and work duties.[25]

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References
  1. "Full text of Taiwan President Tsai Ing-wen's second-term inaugural address". Central News Agency. 20 May 2020. Retrieved 24 July 2020.
  2. Chung, Li-hua; Chung, Jake (26 November 2016). "Tsai says second judicial reform to be all-inclusive". Taipei Times. Retrieved 24 July 2020.
  3. "EDITORIAL : Foiling graft takes more than words". Taipei Times. 22 July 2010. Retrieved 24 July 2020.
  4. "EDITORIAL: Keeping justice reforms on track". Taipei Times. 22 July 2017. Retrieved 24 July 2020.
  5. Lin, Feng-cheng (10 October 2007). "Reforms should prioritize people". Taipei Times. Retrieved 24 July 2020.
  6. "Code of Criminal Procedure". Laws and Regulations Database of the Republic of China. Retrieved 24 July 2020.
  7. Pan, Jason (2 April 2017). "Judicial subcommittee suggests scrapping defamation". Taipei Times. Retrieved 24 July 2020.
  8. Hsiao, I-min (2 September 2018). "Victim relief falls short of UN level". Taipei Times. Retrieved 24 July 2020.
  9. Pan, Jason (14 April 2017). "Subcommittee calls for independent evaluation and removal of judges". Taipei Times. Retrieved 24 July 2020.
  10. Lee, Hsin-fang; Hsiao, Sherry (5 July 2019). "Executive Yuan approves draft amendments to codes". Taipei Times. Retrieved 24 July 2020.
  11. Pan, Jason (26 March 2017). "Jury advocate gives roses to judicial reform panel". Taipei Times. Retrieved 24 July 2020.
  12. Lee, I-chia (27 March 2018). "Jury association urges support for jury system". Taipei Times. Retrieved 24 July 2020.
  13. Pan, Jason (5 July 2020). "Groups stage sit-in for judicial reform". Taipei Times. Retrieved 24 July 2020.
  14. Pan, Jason (19 March 2020). "Judicial Yuan head promoting fake reform, group says". Taipei Times. Retrieved 24 July 2020.
  15. Pan, Jason (24 July 2020). "Lay judge act allows career judges to dominate: group". Taipei Times. Retrieved 24 July 2020.
  16. Lee, Hsin-fang (20 July 2020). "DPP 'insistent about lay judge system'". Taipei Times. Retrieved 24 July 2020.
  17. Yang, Chun-hui; Chiu, Yan-ling; Hetherington, William (7 July 2020). "Majority supports lay judge system, DPP poll shows". Taipei Times. Retrieved 24 July 2020.
  18. Shan, Shelley (28 April 2020). "Reformists criticize Judicial Yuan's draft". Taipei Times. Retrieved 24 July 2020.
  19. "Judicial Yuan lists anti-jury points". Taipei Times. 27 April 2020. Retrieved 24 July 2020.
  20. Huang, Hsin-po; Chung, Jake (5 July 2020). "Legislative caucuses debate lay judges system bill". Taipei Times. Retrieved 24 July 2020.
  21. Pan, Jason (21 July 2020). "Lay judge system review begins". Taipei Times. Retrieved 24 July 2020.
  22. Chung, Jake (22 July 2020). "Lawmakers slog through lay judge system review". Taipei Times. Retrieved 24 July 2020.
  23. Wang, Yang-yu; Huang, Frances (22 July 2020). "Legislature passes citizen judge bill". Central News Agency. Retrieved 24 July 2020.
  24. Wen, Kui-hsiang; Liu, Kuan-ting; Lin, Chang-chun; Wang, Yang-yu; Hsu, Elizabeth (22 July 2020). "Citizen judge legislation launches 'new era': President Tsai". Central News Agency. Retrieved 24 July 2020.
  25. Wang, Yang-yu; Huang, Frances; Hsu, Elizabeth (22 July 2020). "Legislature passes citizen judge bill (update)". Central News Agency. Retrieved 24 July 2020.
  26. Lin, Sean (23 July 2020). "National Judge Act clears legislature". Taipei Times. Retrieved 24 July 2020.
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