Judges to pay compensation for causing wrongful imprisonment

Source: Liberty Times 04/29/2002

Translated by Jem Chung

 

   To enable judges and other judiciary personnel to exercise their rights with more prudence, and to maintain defendant's rights and benefits, the Judicial Yuan promulgated in April the Key Points in Dealing with Compensation for Wrongful Imprisonment.  Judges or court clerks thereafter may have to bear the compensation themselves for the wrongly imprisonment resulting from their malicious intention or major negligence.  According to the Dept. of Criminal Affairs of the Judicial Yuan, the said Key Points will urge the judges to be more prudent in giving order to detain suspects and thus has a positive effect on the protection of human rights. 

 

    There are a total of 15 points, of which focus is that the court may commence a Compensation Examination Committee to determine whether to exercise the right of claim against the judge concerned and the scope of compensation.  In case of the wrongful imprisonment caused by the judge or court clerk and the judge or court clerk concerned is punished pursuant to the Key Points of Punishing Personnel Subordinate to the High Courts and Lower Courts for Illegally or Abusively Detaining, Taking in, or Holding Suspects and Resulting in Compensation for Wrongful Imprisonment and the Key Points Governing Reward and Punishment to Personnel of the Judicial Yuan and Subordinate agents, such judge or court clerk will face examination from the said Committee. 

 

    The main issue in the examination is to find out whether the wrongful imprisonment is ensued from judicial personnel's malicious intention or major negligence.  If the existence of the above-said situation is confirmed and compensation payment is required, negotiations may be conducted with the person required to pay compensation in installments for a reasonable period of time.  If such negotiation breaks down, the right of claim may be enforced through legal proceedings.