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Current Important Measures and Future Key Points of Tasks of the Branch Office

  • Publication Date:
  • Last updated:2021-08-23
  • View count:1073
8102111821986

1  Further enhance functionalities of the Prosecution in the Second Trial

1Summon prosecutors in the district for operation conference, in which reform and improvement issues pertaining to operation shall be discussed and legal issues shall be studied for case experience exchange, legal opinion communication, and case performance efficiency increase.

2Strengthen Supervisory Function

(a).Operation inspections at all district prosecutors offices will be conducted by prosecutors led by head prosecutor or senior prosecutor according to jurisdiction district of litigation. 

(b).The Branch Office shall assign prosecutor to assist Prosecutor General in supervision of jurisdiction district of litigation for overdue and uncompleted assignments, communication investigation, other assignments, assignments distribution and audit, and approval and rejection every three months.

(c). Overdue assignment, formal investigation requisition from Control Yuan, and citizen petition reported by district prosecutors office shall be reviewed by supervisor prosecutors. Postponement without proper cause or other inappropriate matter found will be reported to Head Prosecutor for proper disposition.

(d). The Branch Office shall assign responsibilities of reviews of the inspection cases reported by each district prosecutor's office within the jurisdiction of the Branch Office to lead prosecutor and prosecutor. Case that is carelessly omitted and is discovered through the review or case in which suspect or family of victim presses charge or requests for service of justice and the original prosecutor fails to assign for investigation will be returned to original district prosecutors office for correction, re-investigation, or further assignment. 

3Reinforce Implementation of Public Prosecution

(a). Prosecutor shall review the dossier immediately after receiving notice of court attendance. In addition to extracting files and documents and attachments related to the prosecution, appeal, and judgment for preservation, photocopies of the abstracts of related dossier should be made as the foundation for cross-examining the defendant to bring the practical function of court attendance to the fullest. 

(b). After reviewing litigation file, prosecutor shall produce list of evidence investigation and submit request in written form to the court for disposition according to due process if the prosecutor deems evidence investigation is necessary. In case plaintiff or victim request evidence investigation, prosecutor shall respond to litigant with written reply as reference for court attendance and forward request application to court as reference. Prosecutor shall also express opinions adequately according to result of evidence investigation to bring the practical function of court attendance to the fullest.

(c). The Branch Office also demands that prosecutor to take initiatives in urging the court to continuously hold court sessions for case with immense magnitude or greatly concerned by the society to realize concentrated management. Litigation case paused for quite a period of time should also be pleaded for court session and proceeding. Prosecutors are also demanded to fulfill the responsibilities of express opinions, request for evidence investigation, and debate for public prosecution on significant and serious corruption case, economic crime case, and case in which foreign intellectual property right is involved. 

(d). In order to reinforce punctual court session and attendance, the Branch Office has especially made a court session schedule in which the record is to be kept and submitted for review by the Bailiff Office.

(e). Prosecutor will receive copy of judgment within five days; immediate review should be made and appeal should be decided. If necessary, the verdict should be forwarded to prosecutor in the first trial via fax and request for opinions as reference for the decision of appeal. 

(f). Prosecutor that believes appeal is necessary shall thoroughly review the dossier, from which the litigation information shall be used to solidly point out the reasons why the original verdict is against the law. Case with verdict that rejects a third trial should also be carefully reviewed; if illegal verdict is found or reason for further trial is necessary, then opinion statement for extraordinary appeal along with the dossier should be made and filed immediately by prosecutor and request extraordinary appeal or re-trial from Prosecutor General as remedy measure.

(g). The Branch Office stipulates that prosecutor shall supplement and file appeal statement within one month after request of appeal is made to accelerate case proceeding. 

(h). After the implementation of the new Code of Criminal Procedure, the Branch Office still maintain total court attendance of prosecutor whether in the preparation process or trial proceeding despite of shortage of manning quota; all prosecutors attend court throughout the entire session, and the actual function of prosecutor attendance in the second trial is brought to the fullest.

4Strengthen Self-initiated Report of Offense

Criminal suspect found in case processing, news and/or magazine reading, receiving of verdict, or other situations are assigned immediately in accordance with law. If crime is confirmed with evidence after investigation, then the case is assigned to the prosecutors office of the first trial for investigative disposition. Prosecutors office of the first trial shall report the result and related dossier of the assigned case to the Branch Office

5Strengthen Review on Appeal Case

(a). Scrutinize and review on appeal case in which non-prosecution is determined or charge is dropped by prosecutor. If necessary, court proceeding or investigation procedure may be initiated independently. If petition to appeal is deemed unreasonable, then overrule such petition and along with the service of copy of punishment note to the plaintiff, attach a description stating that plaintiff may present statement of reasons through attorney at law to court and request for trial within ten days if non-prosecution is not satisfactory to plaintiff. 

(b). If investigation is deemed not thorough and complete and is returned for further investigation, then issues to be investigated should be precisely listed to avoid repeated return. If review of petition for appeal raises doubts, then prosecutor may notify the competent prosecutor in the first trial and request for further description or supplement the dossier with more information so that the truth may prevail and counts of return may be reduced. Appeal petition that has been returned for more than twice should be assigned to other prosecutor to prevent bias that compromises litigant's rights.

(c). If person eligible for raising petition to appeal is not available, then conduct appeal within given power for the case in which non-prosecution is determined due to insufficiency of criminal suspicion in the case with death punishment, life time sentence, or principle punishment of minimum three years of imprisonment, or cases in which suspension of prosecution punishment is determined by prosecutor pursuant to Article 253-1. Same procedure shall apply.

(d). In order to strengthen control and evaluation of processing of appeal case, it is stipulated that competent prosecutors at every section shall conclude appeal case within three days. If self-initiated investigation is necessary, then the case should be concluded within three days after investigation and be controlled and monitored by Research and Evaluation Section for increased efficiency.

2Maintain Good Practice of Justice Administration

1The Branch Office is paying attention at all times to the job performance and life of its employee and is thoroughly carrying out its responsibilities of guidance. In every joint meeting of operation, head prosecutor shall encourage colleagues to obey laws and regulations, practice and enhance morality, maintain self-purity, forbid granting personal favor or being lobbied, refuse unjust interest, and etc. The Civil Service Ethics Office of the Branch Office conducts employee morality assessment at proper time every year to remind its colleagues to abide to law and regulation. 

2ConductCivil Service Ethics Questionnaire

In order to investigate and analyze the status of civil service ethnics in the Branch Office and its jurisdictions and understand public opinion and comments for the Branch Office's administration and civil service ethnics, Civil Service Ethnics Questionnaire is conducted annually. The respondents of such questionnaire include litigants of both sides in the "appeal cases" and "other cases" administered by the Office, attorney in law in practice, businesses, and civilians. The questionnaire is mailed to randomly selected respondents with supplementary on-site interview. The statistic result shall be used as reference for administration improvements. Public satisfaction toward the service quality and operational efficiency of the Branch Office receives has been increased every year since 2001. 

3No employee of the Office is found with corruption in the last 10 years; nor did any employee receive punitive warning or punitive disposition. 

3Strengthen Civil Service

1Conduct Civil Service Training to Increase Service Quality

Promotion of civil service is the core task of the Office. Civil service training is conducted at proper times in all types of meeting held to supervise the establishment of the concept of service and take initiative in strengthening cooperation and communication to fulfill hierarchical responsibility, simplified procedure of operation, and friendly attitude in civil service. All colleagues are able to take considerations for citizens with sincere and proactive service spirit to increase service quality. 

2Strengthen Litigation Guidance 

In order to strengthen civil service, the Office has established Citizen Service Center where chief clerk is assigned to administer related litigation guidance, oral explanation, telephone inquiry, and proxy drafting or proxy production of legal documentation. Service personnel are friendly in attitude, sincere in language used, thorough in explanation, and prompt in drafting or writing; the convenience is praised by general public. Since July 2005, 5 section chiefs from Record Section, Execution Section, Document Section, Research and Evaluation Section, and General Affair Section of the Office take turn to participate in such service; work load of clerks is therefore reduced and service quality is further enhanced. 

3Establishment of Citizen Service Center

In order to strengthen judicial reform and allow general public may receive the fastest and modernized service in prosecutor office, the Ministry of Justice has issued letters to all prosecutors offices and request for planning and establishment of Citizen Service Center to provide services that may be used by citizen particularly in the businesses such as document reception and issuance, return of guarantee bond of criminal case, return of stolen goods or evidence, travel expense for witness, litigation guidance, and public waiting area. The Office has completed unification of counter service and computerized "single window" on December 16, 1999. 

4Prompt Disclosure and Notification of Brief Subject of Close of Case

Results of cases in which litigants request for review or file petition of appeal are delivered to litigants on the same day with folded and sealed notice or formal letter. Defendant will be notified immediately for early acknowledgement with official letter upon the expiration of appeal period for case that receives verdict of not guilty from the Tainan High Court and deemed satisfactory without appeal by competent prosecutor to prevent possible crime of fraud from illegal opportunitist. Litigant of other case requested will also be notified regardless of approval or rejection.

5Prompt Processing of Citizen Complaint or Request

All cases of superior assignment, citizen appeal, and complaint will be assigned for further processing and controlled and monitored by the Research and Evaluation Section personnel. All case undertakers are able to properly process and reply within stipulated time limit (30 days for investigation case, 30 days for complaint case, and 5 days for petition case).

6Strengthen Promotion of Common Knowledge of Law

(a).Initiative is taken to assign prosecutor to respective organization, group, and school assembly and deliver keynote speech and promote common knowledge of law visit.

(b).Educationally meaningful cases will be selected from closed cases for press release to promote legal education and awareness among general public. 

(c). Booklets of commonly used law and regulation printed by the Ministry of Justice are redistributed to general public at the service counter.

(d). Website of the Office is established to introduce the Branch Office, site map, citizen services, white papers on serving people, and others to further enhance the administration and citizen service

4Crime Victim Protection Administration

The Crime Victims Protection Act is promulgated on May 27, 1998 and becomes in full force on October 1, 1998 with the administrative directive of the Executive Yuan. The Office has conducted the followings accordingly:Establish "Crime Victim Indemnity and Review Commission" with 9 commissioners of which comprised with head prosecutor and prosecutor of the Office as well as other legal and medical experts. The position of chairperson is assumed by the head prosecutor to take responsibility of administering crime victim indemnity affairs and receive and determine petition of appeal for dissatisfactory of the review commission decision.

5  Establishment of "Special Investigation Unit of Tainan of Corruption Investigation Center"

1In order to execute the "Wipe Out Corruption Action Plan", the Ministry of Justice has established "Corruption Investigation Center" in Taiwan High Prosecutors Office on July 1, 2000, and has further established 4 subordinate special investigation units in Taipei, Taichung, Tainan, and Kaohsiung.

2The jurisdiction covered by the special investigation unit at the Office includes district prosecutors offices in Yunlin, Chiayih, and Tainan. Such unit has become operational at the 4th floor of the front building of the Office on July 7, 2000.

3The manning quota of the special investigation unit of the Office comprises with 2 prosecutors, 2 administrative prosecutors, and 1 investigator; total 5 persons. In addition to receive reports from citizens, the unit also pays attention to public opinions and frequently uncovers corruption crimes.

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