Government branches agree on package of judicial amendments to criminal code

The Judicial Yuan and Ministry of Justice yesterday announced that they have agreed on a package of amendments to the Code of Criminal Procedure. The two bodies will also work together to lobby lawmakers' support for the passage of the amendments.

The development marks an end to a dispute between the judicial and executive branches over a judicial reform bill that would allow judges to dismiss criminal cases in which prosecutors fail to produce sufficient evidence to convict the defendants.

The proposed amendments involve articles 161 and 163 of the Code and are intended to implement an "adversarial" legal system (當事人進行主義) in Taiwan.

It would also conditionally free judges from the obligation of having to collect and investigate evidence to clarify cases under litigation.

According to Judicial Yuan Secretary-General Yang Jen-shou (楊仁壽), the Judicial Yuan and Ministry of Justice have also agreed to push for revisions to related laws to complement the implementation of the new system.

The main purpose of these complementary revisions will be to set up a system that will enable prosecutors to postpone an indictment, Yang said.

The Ministry of Justice also had concerns over the increased demand for prosecutors in the event of the new system's implementation.

To address this shortage, the Judicial Yuan has agreed to the ministry's proposal to set down a sunrise clause to offer the ministry some time to prepare itself for the new system, Yang said.

He said the agreed-upon buffer period will not exceed one-and-a-half years.

The Judicial Yuan, which oversees all judges, is in favor of the proposed amendments to articles 161 and 163, which already passed the legislature's Judiciary Committee in October and are expected to proceed to the second and third readings before the legislature closes in mid January.

But the Ministry of Justice -- an arm of the Executive Yuan -- which oversees prosecutors, was against the amendments, on the grounds that the reform would bring about too great an impact on prosecutors.

The ministry therefore proposed the complementary revisions of the relevant laws and a sunrise clause, to try to lessen the possible impact.

Delighted with the development, Premier Chang Chun-hsiung (張俊雄) visited Judicial Yuan President Weng Yueh-sheng (翁岳生) yesterday to express his gratitude for the Judicial Yuan's support for the Ministry of Justice's proposals.

"Judicial reform is awaited by all people and is also a consistent ideal of the Executive Yuan and the Judicial Yuan," Chang said. "The goal needs to be attained through the concerted effort of prosecutors and judges," Chang added.

Weng said that, although the two branches may have different opinions over the amendments, they share an identical goal to reform the system.

"Even if the judges stay awake around the clock to conduct trials today, they won't be able to [improve the implementation of] justice, because there are problems with the system," Weng said.

Although the agreement was reached Monday night, it was not announced to the press until yesterday, after the Judicial Yuan and Ministry of Justice have sent officials to the Legislative Yuan to notify lawmakers of their agreement.

Tsai Huang-liang (蔡煌瑯), chief executive of the DPP legislative caucus, said his caucus will seek to negotiate with opposition parties to seek their support for the package.