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    PFP suggests law to govern free legal aid for the poor

    By Jimmy Chuang
    STAFF REPORTER
    Wednesday, Sep 03, 2003, Page 2

    After the newly amended Code of Criminal Procedure (刑事訴訟法) came into effect on Monday, PFP lawmakers and professors yesterday suggested a "Legal Assistance Law" (法律扶助法) to assure that poor citizens' legal rights will be well protected.

    The new law was suggested at a public meeting at the Legislative Yuan headed by PFP Legislator Cheng San-yuan (鄭三元).

    He urged his colleagues to support his idea to propose a "Legal Assistance Law" and to tailor it to the new Code of Criminal Procedure, so that the legal system can really protect the human and legal rights of both the rich and poor.

    "If we do not do something, the newly amended Code of Criminal Procedure will not be able to protect poor people's legal rights, because poor people will not be able to afford the increased legal fees and lawyer's fees for a suit anymore," Cheng said.

    Cheng's "Legal Assistance Law" aims to provide free legal services to poor people. They would be assigned lawyers who will receive a wage from a government fund.

    At the time of going to press yesterday, Cheng had not officially proposed the idea.

    Courts assign public defense counsel to people who cannot afford lawyers. These lawyers offer their services on a volunteer basis.

    According to the new Code of Criminal Procedure, prosecutors will be required to attend every pre-trial hearing to question the defendant in an attempt to prove his or her guilt using evidence they gathered there.

    This used to be the duty of the judge. Judges will now have to consider their verdicts according to the evidence and interrogation records presented by prosecutors during the hearings.

    Under the amendment, judges will only have to preside over the case, which, according to Judicial Yuan President Weng Yueh-sheng (翁岳生), not only makes judges' jobs easier, enabling them to hear more cases within a certain time period, but also ensures that every case is heard according to court rules.

    Cheng Peng-chi (鄭鵬基), secretary-general of the Legal Service Association, said fewer lawyers are volunteering to defend people.

    "I am afraid that this phenomenon will go from bad to worse," Cheng said.
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