The Supreme Prosecutors’ Office on Tuesday announced the establishment of a “prosecutorial division,” with the purpose of providing oral defense at the Supreme Court, helping prosecutors at first and second-circuit courts, and suggesting legislative amendments to the Ministry of Justice.
The “grand chamber” system is to be introduced in July in accordance with amendments last year to the Organic Act for Courts (法院組織法) and the Organic Act for Administrative Courts (行政法院組織法).
The grand chamber’s ultimate duty is to unify legal interpretations and it would be consulted regarding cases in which important legal principles are disputed if the final court and lower appellate courts’ rulings differ, the Judicial Yuan said in statements last year.
Photo: CNA
The prosecutorial division’s prime role is to provide oral arguments for prosecutors when they appear before the grand chamber, as the grand chamber’s oral argument system is to replace the current system of voting and case-stating, the office said.
“We hope the division will provide better oral defense for prosecutors and double as a think tank for the Ministry of Justice,” it said.
Currently, prosecutors only have to attend Supreme Court sittings if there is an extraordinary appeal.
The division is to be formed of six prosecutors, with one being a lead prosecutor, the office said.
Prosecutor Eric Chen (陳瑞仁), who is to serve in the division, said it would differ from the now-defunct Special Investigation Division in that it would be more academic-based.
Applications would be written as if they were a thesis, stating the legal point of contention directly to provide all the necessary information for Supreme Court judges, Chen said.
The prosecutorial division’s applications for oral arguments would be posted online to help transparency, Chen said.
Additional reporting by CNA
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