Legal Aid Act passed preliminary deliberation; prosecutors to bear costs of action for abusive prosecutions

Source: Liberty Times 04/30/2002

Translated by Jem Chung

    The draft Legal Aid Act passed the preliminary deliberation by the Judiciary Committee of Legislative Yuan yesterday (Apr. 30).  According to the said Act, the government will have to prepare NT$10b-worth budget within 10 years for the establishment of Legal Aid Foundation.  The purpose of said Foundation is to provide various legal aids, such as disbursement or compensation for the costs of civil or criminal actions, remuneration to criminal defense attorneys as well as other costs, to people who are not shielded by law due to their limited financial capacity or other reasons. 

    Additionally, to prevent prosecutors from abusive prosecutions, the Legislative Yuan also passed the clause requesting that prosecutors bear the costs of action incurred from abusive prosecutions.  That is, in the event that an indictment is brought without sufficient evidences and is given a final judgment of not-guilty, or that the prosecutor fails to withdraw a case that should be withdrawn, or appeals when there is no good reason to appeal and etc., the prosecutor's office concerned should disburse the remuneration and costs paid and indebtedness borne by the said Foundation.  The Ministry of Justice stands firmly against this clause.