Civilian Lay Judges to Participate in Hearing Highly-watched or Serious Criminal Cases. The Proposed Temporary Civilian Lay Judges Act Will Be Submitted to Legislative Yuan for Deliberation by The End of 2006 And Enforced for A Trial Period of Three Years.

The Judicial Yuan completed the draft Temporary Civilian Lay Judges Act on 20 November 2006.  According to the draft Act, the ordinary civilian may participate in hearing highly-watched criminal cases or those which have material impact on the society.  The Judicial Yuan hopes to submit the draft Act to the Legislative Yuan for deliberation before the current legislative session ends. 

The chief purpose of the civilian lay judges system is to materialize civilian sovereign rights and strengthen judicial democracy by allowing civilians to join the court judges in hearing cases as lay judges.

Civilian lay judges will be allowed to hear only public prosecution cases involving felony, including cases in which the defendant is charged with the crime on which death penalty or life imprisonment may be imposed as the maximum penalty, or the offense of holding the intent for illegal enrichment provided in the first paragraph of Article 5 and the first paragraph of Article 6 of the Anti-corruption Act, or election bribery provided in the President And Vice President Election And Recall Act and the Public Functionaries Election Act, as well as highly-watched cases or cases that will have material impact on society safety.  Once the prosecutor initiates public prosecution and the accused pleads not guilty, the competent district court may issue a ruling sua sponte or on motion by the accused to try the case with a civilian lay judge sitting on the tribunal.

Key provisions of the proposed Civilian Lay Judges Act
Applicable to  Felony cases or highly-watched criminal cases.
Participation by civilian lay judge initiated by The district court trying the case on its own initiative or on motion by the accused.
Qualification of the civilian lay judge Age 25-70; having domicile registered within the jurisdiction of the court; senior high school graduate or above.
Tribunal 3 judges and 1 civilian lay judge, each holding one vote.
Source:  Judicial Yuan
(2006.11)

/EMA