Scope for filing an extraordinary appeal planned to be limited substantially
E020827Y6 Sep. 2002（E37）
The Judicial Yuan determined to amend the extraordinary appeal system and planned to substantially limit the scope for filing an extraordinary appeal. In the Judicial Yuan’s opinion, if a trial is found conducted contrary to a law after judgment becomes final, an extraordinary appeal shall be applicable to cases that have clear and corrective true benefits only. If the matter contrary to the law or order does not affect or change the nature of the judgment, no extraordinary appeal shall be filed in the future. The Judicial Yuan considered that the extraordinary appeal system was designed for the circumstances where the law or order applied in a final judgment is erroneous, but not for the circumstances where the determination of facts constituting the elements under the substantial law of relief is erroneous. Therefore, after the scope for filing an extraordinary appeal is limited, no extraordinary appeal shall be filed for the circumstances where determination of the criminal facts of a case (the facts under the substantial law) was found to be defective, and such circumstances shall not fall within the scope of investigation by any courts of the three instances, either.
The Judicial Yuan also planned to delete rules concerning remand. For an extraordinary appeal which is considered to be well-grounded, the court of 3rd instance should make a judgment by itself and shall not remand the case to the original court for retrial. The Judicial Yuan indicated that after “strict legal trial” is adopted to an appeal filed with the court of 3rd instance, the reasons filed for an appeal with the court of 3rd instance shall be limited to the circumstances where the law or order applied in the original judgment is contrary to the Constitution, or the judgment is contrary to an interpretation given by the Judicial Yuan or a precedent.
In addition to limiting the scope for filing an extraordinary appeal, the Judicial Yuan also wanted to limit the scope of investigation by the court of 3rd instance. In accordance with the current Code of Criminal Procedures, the court of 3rd instance shall investigate the matters set forth in the reasons for an extraordinary appeal. In the future, the scope of investigating facts is expected to be limited again to “court’s jurisdiction, entertaining an action and procedure.” Furthermore, the scope confirmed by the original final judgment should be used as the basis so as to comply with the nature of an extraordinary appeal – “absolute legal trial” and “trial in writing.”
Source: Liberty Times 08/27/2002
