Taiwan – Presidential Decree Amends Some Provisions Of The “Criminal Procedure Law”.

1. To cooperate with Interpretation No. 791, delete the relevant procedural provisions of the crime of adultery
 

This amendment is in line with the interpretation of Interpretation No. 791 to declare the intent of decriminalizing adultery and accomplice, and delete Article 234, paragraph 2 of the Criminal Procedure Law, "Criminal Law Article 239 of the crime of obstructing marriage and family, non-spouse shall not be allowed to tell." , Article 239 of the proviso "However, the crime of Article 239 of the Criminal Law shall not be as effective as an adulterer for the spouse who withdraws the complaint."
 

2. Amendment of the scope of appeal
 

1. Delete the draft appeal rule in the second paragraph of Article 348, Paragraph 1 "If it is not declared as one part, it shall be regarded as all appeals", in order to respect the appeal scope selected by the parties and avoid the parties from being assaulted by the judgment.
 

2. Paragraph 2 of Article 348 stipulates that "for an appealed part of the judgment, the relevant part shall be deemed to have also been appealed." Those who accept it are not limited to this.” After the amendment, the part that has been found not guilty, exempted, or not accepted will no longer be appealed for other parts of the same judgment, and will be treated as the scope of the appeal, in order to implement the spirit of the party’s progressiveism.
 

3. Article 348, Paragraph 3, is added to stipulate that "appeals may expressly only part of the sentence, confiscation, or security of the sentence". If the parties have no opinion on the court’s determination of the facts of the case, they can file an appeal separately against the sentencing, confiscation or security sanctions, so as to reduce the litigation burden of the parties.
 

4. In conjunction with this amendment, Article 7-13 of the Enforcement Law of the Criminal Procedure Law has been added as a transitional clause, which clearly stipulates that the cases belonged to the courts of all levels before the implementation, or were terminated before the implementation, belonged to the various courts and have not yet terminated, and For cases that are filed for retrial or extraordinary appeal after implementation, the trial procedures still apply to the provisions of Article 348 of the Criminal Procedure Law before the amendment to maintain procedural stability.
 

 

For further information, please contact:  

 

Li Yuting​, Lee Tsai & Partners

lawtec@leetsai.com