Changes And Perspectives Of The Criminal Procedural Law In The Taiwan Area

The law is the norm for behavior. It comes into being because of social needs, and is modified in response to social changes. Han Fei Tz, an ancient Chinese master jurist, had this to say: "When the law and the time are well matched, there will be a great order; when the order and the society are well fitted, there will be remarkable achievements." How right it is!The Criminal Procedure Law is a technical law. It serves to implement the principal Criminal Law. As part of the judicial system, it cannot be divorced from the dynamics of social changes. This study, by examining the course of changes in the criminal procedure, tries to come up with future trends in reform, and, by analyzing the trends, intends to outline a vision.Criminal proceedings in the Taiwan region can be divided into four categories: investigation, indictment, trial, and relief. Investigation and indictment fall under the jurisdiction of prosecutors. They end with a decision on whether or not to sue. Trial is the power of judges. It concludes with a ruling on whether or not someone is guilty. Relief is to correct the flaws found during the process of investigation and trial, with a view to "finding out the truth and protecting human rights."There are five chapters in this study.The first chapter deals with the basic concepts of the criminal procedure, together with its history, reforms, and future trends. There were 18 amendments made to the procedure law from 1935 when it entered into force toFebruary 2003. Its development can be separated into four stages - 1935 to 1967, pioneering; 1967 to 1981, foundation laying; 1982 to 2002, progressing; and after 2003, transforming. A major aspect of the evolution is seen in a transfer from the Civil Law system to the Case Law system. Other changes for the better include fair trials and sound relief measures.The second chapter touches upon reforms in criminal investigation. It examines the present criminal investigation system, under which prosecutors take overall responsibility for the investigation. The direction of reforms is toward upholding the principle of presumption of innocence, implementing a strict evidence rule, and conduting the investigation in a scientific manner. Other issues covered include the predicament and the correction of a secret investigation system as well as disputes over power of compulsory measure.The third chapter is about the reform in prosecution. It involves such subjects as the repositioning of prosecutors, the principle of the consistency of prosecution, the supervision of the powers of prosecutors, the suspended indictment system, and the burden of proof.The fourth chapter centers on the reform in criminal trial. There are several flaws in the current system, including improper procedures, too much free will on the part of judges, and impaired functions of the defense system. The discussion focuses on the implementation of the concentration of trials and the cross-examination system.The fifth and final chapter talks about reforms in relief. As far as public indictment cases are concerned, there are further deliberation and resort to trial as relief measures. As for misjudgements, their remedies are appeal, appeal for retrial, and extraordinary appeal.