The amendment of the Code of Criminal Procedure passed; the confession & negotiation system was added into the amendment.

The Legislative Yuan passed the amendment of the Code of Criminal Procedure regarding some articles after three readings. The system of confession & negotiation was added into the amendment. The Judicial Yuan believes that the new system will not only help reduce the trial burden faced by the court but increase the trial efficiency as well. The advanced countries such as the United States also adopted the confession & negotiation system. The system refers that the prosecutor negotiates with the defendant and its advocate about the case in which the defendant is involved before the court judgment is rendered; during the negotiation process, the defendant admits its guilt so that the prosecutor may petition with the court to render a less severe punishment against the defendant.

 

Subject to the amendment, the confession & negotiation system can simply be applied to the cases in which the principal punishment sentenced to the defendant is less than three years. In this system, before the oral argument of first instance being finalized or the summary judgment being determined, the prosecutor could directly negotiate with the defendant, its attorney or advocate as requested, with the consent of the court after acquiring the approval of the plaintiff. With the approval of the both parties and the confession of the defendant, the prosecutor could petition with to court to render a judgment based on the negotiation results.

 

The items included in the negotiation comprise of the following: (1) the sentence range under which the defendant is willing to be punished or whether the defendant is willing to be given probation; (2) whether the defendant is willing to run a notice of apology; (3) whether the defendant is willing to pay the compensation of a specific amount; (4) whether the defendant is willing to pay specific amount to the treasury, the appointed public welfare organizations or municipal organizations. However, the sentences rendered by the court against the defendant are limited to the announcement of probation, imprisonment of two years, detention or fine. (2004.03)

CYJ/WYL