Pursuit of truth and social justice
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History of the Office
Early after Taiwan’s recovery in 1945, the government set up the Taiwan High Court and Prosecutors Office in Taipei City only, responsible for civil and criminal appeals against the first trial throughout Taiwan area. This was extremely inconvenient for litigants in the eastern and southern regions. Based on practical needs, the Ministry of Judicial Administration approved the establishment of the First Branch of Taiwan High Court and Prosecutors Office in Tainan City in 1947. In April the same year, President De-Keng Sun of the Kaohsiung District Court then was appointed the first President of the First Branch to take care of the planning and preparation work. President Sun obtained consent from the Tainan Post and Telecommunication Office and Tainan City Government to allocate the original Commodity Exhibition Hall during the Japanese occupation at Jhongshan Road, Tainan City (now No. 170) for building the branch court and prosecutors’ office. After simple renovation, the office was officially established on June 1 that year. On July 14 the same year, Mr. Yuan-Fan Cheng was appointed the first Principal Prosecutor. The Office’s jurisdiction covered three district prosecutors’ offices at Chiayi (including Yunlin area), Tainan and Kaohsiung (including Pingtung and Penghu areas). The Office was renamed the Tainan Branch, Taiwan High Court and Prosecutors Office on January 1, 1948. Then Pingtung and Penghu District Prosecutors Offices were founded one after another in December 1949. Hence, the number of district prosecutors’ offices under jurisdiction increased to five. In early 1950, the Taitung District Prosecutors Office was demarcated to be administered by the Tainan Branch, Taiwan High Prosecutors Office, and so one more district prosecutors’ office is under its jurisdiction. Taichung Branch, Taiwan High Prosecutors Office was established on November 1, 1962, and Chiayi District Prosecutors Office was demarcated to be administered by the Taichung Branch, Taiwan High Prosecutors Office. On May 1, 1965, Taiwan High Court set up a provisional court at Hualien, and then assigned cases that need reconsideration because of objection to non-prosecution ruling of the Taitung District Prosecutors Office to the Prosecutor at the Hualien Provisional Court for judgment. Chiayi District Prosecutors Office was later re-demarcated under the jurisdiction of Tainan Branch, Taiwan High Prosecutors Office on January 1, 1966, on the ground that Tainan City is nearest to Chiayi area. On July 1, 1980, the court and prosecutors’ office were separated into different administration systems; prosecutors’ authorities of all levels became subordinate to the Ministry of Justice, Executive Yuan. Tainan Branch, Taiwan High Prosecutors Office has expanded its organization and manpower, and extended the scope of services. Then the Organizational Law of Court was amended and implemented on December 24, 1989, and the Chinese name of the Tainan Branch, Taiwan High Prosecutors Office was changed, while the Principal Prosecutor was also renamed the Prosecutor General. There were also changes in the Office’s organization. On February 1, 1990, Kaohsiung Branch, Taiwan High Prosecutors Office was established, and the three district prosecutors’ offices at Kaohsiung, Pingtung and Penghu became subject to the jurisdiction of Kaohsiung Branch, Taiwan High Prosecutors Office. Tainan Branch, Taiwan High Prosecutors Office transferred 28 staff members (including technical workers and janitors) to Kaohsiung Branch. On May 1 that year, Yunlin District Prosecutors Office returned to the jurisdiction under Tainan Branch, Taiwan High Prosecutors Office. Currently the Tainan Branch, Taiwan High Prosecutors Office is in charge of three district prosecutors’ offices at Tainan, Chiayi and Yunlin, covering five counties and cities.
Office Introduction
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Jurisdictional Area
Jurisdiction of the Office: 1. Administrative areas of the office: Administrative areas of the Office include Tainan City and County, Chiayi City and County, and Yunlin County. 2. Subject-matter jurisdiction of the Office: Litigation: Litigations at the following district prosecutors’ offices are under jurisdiction of the Office: Tainan District Prosecutors OfficeChiayi District Prosecutors OfficeYunlin District Prosecutors Office
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Introduction to the Environment of the Branch Office
Citizen Service Center
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Citizen Service Center
I. The Branch Office has established the Promotion Team of the Citizen Service Center, based on the task force concept, and has set up a One-stop Window on the 1st floor. Excellent personnel have been elected to answer any legal questions posed by the public, accept inquiries, and handle various affairs, such as: collecting documents, completing petition forms and receiving complaints from victims of serious crime.II. The Organization and Responsibility of the Citizen Service Center:A. The Center consists of a Director, a position held by the Prosecutor General as a concurrent post; and a Deputy Director, a position held by the Head Prosecutor as a concurrent post. Both Director and Deputy Director are responsible for accepting requests from the public to visit the Chief, settling disputes among offices/sections, and assigning prosecutors to handle problems which cannot be solved by the service staff.B. The post of Executive Secretary of the Center is held by the Chief Secretary, who is in charge of planning, reflecting, and instructing on all affairs related to citizen services. The chiefs of each office/section are Officers of the Center. They shall offer suggestions and solve problems for the public, in accordance with their duties.C. Clerks are assigned to take spells in the Center, and to assume responsibility for litigation counseling, receiving oral inquires or telephone inquires and filling out petition forms. Starting in July 2005, in order to reinforce citizen services, the Prosecutor General appointed five chiefs from Records Section, Enforcement Section, Documentation Section, Research & Evaluation Section and General Affairs Section to take turn to participate in the said services, so that the service quality can therefore be enhanced.III. Introduction to the Consolidation of Counter Services & Computerized One-stop Window:A. Legal BasisIn order to improve administrative efficiency of all levels of governmental agencies and strengthen the service quality of civil servants, the Executive Yuan promulgated the "Program for Total Service Quality Enhancement" and "The Enforcement Plan for Evaluation & Awarding on Service Quality Award of the Executive Yuan". Also, the Executive Yuan urges each governmental agency, based on their duties, to select and promote aspects closely linked to the public's welfare. Complying with the said Program, the Ministry of Justice requested its subordinate agencies to establish good practices of justice administration, enforce administrative reforms, improve working efficiency, and implement services for the people, close to the people, and specifically adapted to the people.B. Strengthening Convenient and Cordial Measures1. Holding trainings for citizen services to improve service qualityOne of major tasks of the Branch Office is to promote citizen services. The Branch Office holds various meetings to implement training for citizen services, and instructs the personnel on: good service concepts, proactively keeping in touch with one another, and better citizen services with responsibility layering, procedure simplification and amiability. It is hoped that all the personnel can offer services sincerely, positively and proactively, while always bearing in mind the interests of the public and servicing the public in every possible way, in order to boost the service quality.2. Making and uploaded to the website, the "White Paper on Citizen Services" helps the personnel and the public realize the mission statement and ideas of citizen services, as proposed by the Branch Office; and furthermore, the personnel are encouraged to spare no pains for citizen services for the sake of being closer to the public. 3. Improving the English proficiency of the personnel: every Tuesday and Friday, an English teacher is invited to give a lecture to the personnel, and it is hoped that the personnel can have smooth communications with foreigners while dealing with official affairs. Besides, the personnel are encouraged to take part in English examinations to broaden their horizons and efficiently service foreigners.C. Enhancing facilities:1. Because the Branch Office shares the same building with the Tainan Branch of Taiwan High Court, only one-third of the building belongs to the Branch Office. Only the Bailiff's Office, Mail Room and Loot Storage on the 1st floor are assigned to the Branch Office. In order to implement the Consolidation of Counter Services & One-stop Window, the walls between the three units have been removed, and the three units integrated into one, to expand the services provided.2. On the two sides of the building are parking spaces for the disabled. On the entrance, a Grievance Bell, a Grievance Bell for the Disabled, and a Mailbox for Reporting Corruption & Bribery have been set up for the public. Besides, jointly used by the Court and the Branch Office, exclusive lanes for the disabled and auxiliary system for visually impaired provide convenience for disabled or unwell people, appearing in court, or making inquiries.3. Petition Items and Service Hours are listed on the wall, and Registration and Public Suggestion Forms are provided as well. Moreover, Questionnaires on Prosecutor's Attitude When Inquiring about Cases, are placed outside the Investigation Room, so that the Branch Office can examine and reflect on what elements should be promoted or modified.4. Bilingual name plates of the service staff are placed at the Information Desk. Computers, Hotline telephones, printers and copying machines are offered to the public. Additionally, various petition forms are available on the counter. Tea, desks & chairs, stationery, courtesy glasses, umbrellas for use, newspapers & magazines, etc are all provided for the public's convenience.5. Due to the cramped space of the building, the Court and the Branch Office have jointly set up a Nursery Room, Infant Care Room and Restroom for the Disabled, so that women carrying children, or the disabled, can use these facilities comfortably.6. Since the Crime Victim Protection Act came into effect in 1998, the Branch Office, pursuant to the Act, established the Complaint Window for Victims of Serious Crime. Provided the victim is a victim of serious crime, he/she may complain via the Window. Moreover, the Complaint Mailbox for Victims of Serious Crime has been established as well for victims to forward their complaints.D. Other Services:1. Quick Announcement & Notification on Main Ideas Concerning Closed Cases:As for petitions for reconsideration, or appeals filed by the litigating party, the result of the said petitions shall be immediately sent to the person(s) concerned, in the form of a decision order or official letter. As for cases acquitted by the Tainan Branch of Taiwan High Court, provided the prosecutor in charge considers the judgment legal and doesn't file an appeal, the result shall be sent to the defendant by mail, right after the appeal-filing period expires. Consequently, the defendant would be informed of the results soon, lessening the chance of their being defrauded by lawless people. Moreover, concerning other petitions, the person(s) concerned should always be informed, whether the petitions are approved or rejected.2. Quick Handling of Complaints & Petitions Submitted by the Public:As for cases handed over by superiors, or complaints & petitions submitted by the public, the Branch Office always assigns cases to different offices/sections. The personnel from the Research & Evaluation Section are instructed to control and monitor these cases. Clerks in charge shall provide reasonable and proper treatments, and give replies within the compulsory processing time (30 days for investigation cases; 30 days for complaint cases; and 5 days for petition cases).3. Fulfillment of Prosecutor's Presence in the Court:Responding to the new Code of Criminal Procedure, starting on September 1st, 2003, in regard to second trials, prosecutors shall actually be present in the court to execute public prosecution. Their required presence throughout the entire session is implemented, and contact with the prosecutor in charge of the first trial, prior to presence in the court, is enforced. As a result, the prosecutor's presence in the court is increased to the fullest extent.4. Enforcement of Telephone Manners:The Program for Telephone Courtesy Norms of the Ministry of Justice and Its Subordinate Agencies is fully carried out. The Ministry of Justice occasionally selects its subordinate agencies for testing and then announces the testing results. Meanwhile, the Ministry sends out testing taps, helping the agencies to evaluate the call receivers. Such results may be used as reference for the year-end performance rating. Ordinarily, the Research & Evaluation Section will implement tests on the personnel, and keep records.5. Strengthening the Education of Legal Knowledge(1) Proactively assigning prosecutors to each agency, organization or school meetings, at high school level and above, for making keynote speeches, in order to strengthen the education of legal knowledge.(2) Selecting educational cases among closed ones, for mass media publication, with a view to enhance the public's knowledge of legal education.(3) Printing the Concise Manual of Common Laws & Regulations published by the Ministry of Justice. The said manuals are free and available at the Information Desk.(4) Establishing the website of the Branch Office, including: Office Introduction, Guidance for the Public, Citizen Services, and Law Promotion & Education, to reinforce administrative conducts and citizen services6. Counseling on Civilian Legal Assistance:The Branch Office supervises the bar association under its jurisdiction and promotes civilian legal assistance, in order to protect the rights of the person(s) concerned who live(s) in poverty and cannot afford a lawyer. Moreover, the Branch Office has asked the Tainan Bar Association to set up a Civilian Legal Service Center on the 2nd floor of the Front Tower. Every day, lawyers on duty answer questions posed by litigating parties, fill out civil/criminal indictments and other legal documents, witness contracts and settle disputes. Since the implementation of the Center, the persons concerned who are asking for help, have continued to judge these services as being very convenient.7. Handling Victim Protection Affairs:Proclaimed on May 27, 1998, the Crime Victim Protection Act came into effect on October 1, 1998, pursuant to the order from the Executive Yuan. Responding to the enforcement of the said Act, the Branch Office established a Review Committee on Crime Victim Compensation. The Committee consists of nine committee members, namely: the Head Prosecutor, Prosecutors and experts in the field of laws & medicine. The post of Chairman is held by the Prosecutor General as a concurrent post. The Chairman is in charge of victim compensation affairs, accepts reconsiderations of the decisions of the Committee, and makes direct decisions.8. Conducting Civil Service Ethics QuestionnaireAnnually, the Civil Service Ethics Office of the Branch Office conducts the questionnaire survey on litigating parties, defendants in custody, etc. to better understand public opinion. Additionally, the Research & Evaluation Section focuses on the cases under the prefix: "Chen", and conducts the survey on the Processing Status of Civilian Complaint Cases, in order to correct any administration defects.IV. Conclusion:The Branch Office shares the same building with the Tainan Branch of Taiwan High Court. Despite insufficient facilities and limited space, the Branch Office still takes citizen services as its priority. All measures and conduct on the part of the Branch Office, are done in the interest of the public. The mission statement requires putting ourselves in others' shoes and bearing in mind benefiting the public. Although the facilities are considered inadequate, the devotion of the Branch Office to servicing citizens, remains the same. The Branch Office keeps updating and strengthening various facilities, makes plans with limited space in mind, and spares no pains to service the public. By doing so, it is hoped that the public will be satisfied; and furthermore, that the public will trust and support Justice.Servicing the public always requires learning and improving. We kindly ask for your valuable suggestions or comments. You may deliver your suggestions or comments on the Internet, via E-mail, by mail, or to the Feedback Box. We will carefully engage in self-criticism with an open mind, and strive for improvements, in the hope of making Justice Administration better, or even perfect. Service Line of Citizen Service Center: (06) 2282111 ext. 761Complaint Mailbox for Victims of Serious Crime: Left side of the Gate at No.170, Jhongshan Rd., West Central District, Tainan City
