Code of Criminal Procedure overhauled; admission of evidence becomes stricter

   On January 15 the Legislative Yuan passed the third reading of the Draft Partial Amendment of the Code of Criminal Procedure, which comprises 136 new or amended articles.  An amendment of such a large scale is the implementation of consensus concluded during the National Conference on Judicial Reform held in 1999, as well as an effort to orient the criminal procedure towards the "revised adversary system".  Key points in the Draft include "establishing that the prosecutor has the burden of proof", "enhancing the material equality between adversary parties (bolstering defense functions)", "strict rules of evidence", "implementing and strengthening cross-examination ", "perfecting criminal assessment and evidence-collection methods for judicial officers and policemen", and "promoting a centralized handling of criminal cases".  Except for some articles, the Draft will be entered into force on this September 1.  Additionally, the "plea bargaining" system introduced by the Judicial Yuan was opposed by some legislators and did not pass the third reading.  When facing the request from all corners of the society that the courts actively clean up piles of unhandled cases, the courts will certainly feel the impact resulted therefrom.

Translated by Jem Chung