Politics

Legislature passes speedy trial bill

• Publication Date：04/26/2010
• Source： United Daily News

A bill aimed at ensuring that defendants in criminal cases are provided with a speedy and fair trial passed its third reading at the Legislative Yuan April 23.

The swift trial act can be broken down into four main parts, with the first limiting the period of detention of defendants in such cases to a maximum of eight years in total during the court process. This section of the act will come into force after two years.

The second main stipulation limits prosecutors’ powers to appeal rulings in such cases where a defendant has been found not guilty in the first and second trials, and will go into affect after one year.

Thirdly, if court proceedings in a serious criminal case exceed eight years, a defendant who is found guilty has the right to request a commutation of his or her sentence. Fourthly, if a case has been in the courts for more than six years and assigned for retrial more than three times, with a not guilty verdict handed down several times, prosecutors cannot appeal the case. Both these stipulations will come into force Sept. 1 of this year.

For cases in which defendants have been charged with serious crimes, namely those that carry the death penalty or prison sentences of life or more than 10 years, the number of times that the period of detention can be extended has been capped at six each in the first and second trials. The first and following extended period of detention cannot exceed three months and two months respectively, and the maximum cumulative extension has been set at 15 months.

In a third trial, the defendant’s period of detention can only be extended one time, with the maximum combined period set at five months.

If the Supreme Court assigns a case for retrial, then the aforementioned limits on the number of detention extensions are reset, but the total period of detention cannot exceed eight years. The act stipulates that defendants must be released after this period pending a final ruling in the case.

Presidential Office spokesman Lo Chih-chiang said April 23 that President Ma Ying-jeou strongly supports the new bill as he believes that human rights are a foundation of the country.

The president is glad to see the advancement in judicial human rights that the passage of the swift trial bill represents, Lo added.

The spokesman noted that human rights laws in countries around the world contain clauses ensuring citizens’ rights to a speedy and fair trial. He added that major international conventions contain articles upholding this fundamental right, including the United Nations’ International Covenant on Civil and Political Rights and the European Convention on Human Rights. (SB)

(This article originally appeared in the “United Daily News” April 24.)