Court cross-examination to be adopted in significant cases

E020415Y6 May. 2002(E33)

Source: Liberty Times 04/15/2002

Translated by Joanne Lue

 

    The Judicial Yuan and the Ministry of Justice determined to jointly promote to national courts the cross-examination which is deemed as the important connotation of the adversary system.  Court divisions will separately instruct the various district courts and prosecutor’s offices that attending the whole course and cross-examination should be adopted in court proceedings for significant cases or cases that attract public attention.

 

    To cooperate with the cross-examination proceedings, the Judicial Yuan planned to add an article to the draft of the amendments to the Code of Criminal Procedure concerning tape recording of the whole course in court. Meanwhile, interrogation and declaration depositions will be amended to “tenor of record.”  In that case, the adversary system to be adopted in court continually will not delay litigation. On the other hand, the system of delivery of trial had been added to the current draft of amendments. Therefore, the Judicial Yuan considered it proper to amend the provisions from the direction of “limiting the scope of private prosecution.” Therefore, it preliminarily planned to limit that private prosecution cannot be initiated unless for cases that are indictable only upon complaint.
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