25 September, 2017
The Constitutional Court of the Judicial Yuan ruled in J.Y. Interpretation No. 752, promulgated July 28, 2017, that the constitutional right of the defendants in the cases involving Article 376 (1) and (2) of the Code of Criminal Procedure, where defendants are prohibited from appealing to the third instance when the second instance court reverses the lower court’s not guilty judgment and issues a guilty judgment on its own, has been violated in that such prohibition of appeal violates the purpose of Article 16 of the Constitution to protect people’s litigation rights; that they shall become invalid commencing the date of the promulgation of the Interpretation; and that the affected defendants may file appeal according to relevant laws in the event that the time to appeal has not expired as of the the date of promulgation of the Interpretation.
For further information, please contact:
C. Y. Huang, Partner, Tsar & Tsai Law Firm
CYHuang@TsarTsai.com.tw
