The Supreme Court yesterday dismissed a petition signed by 38 death-row inmates asking it to review a policy which they said allows judges not to recuse themselves in the event of a conflict of interest.
The policy allows judges who have handed down the death penalty or life sentences, as well as those overseeing cases that have been remanded twice, to continue to preside over the cases if they are remanded for retrial until they have been moved to another division or retire.
The request was reviewed in light of whether abolishing the clauses would aid in the conclusion of court cases that have dragged on and whether it would uphold the rights of all those involved.
The majority of attending judges said the panel should not vote on the issue and should maintain the policy.
Under the Guidelines on Assigning Supreme Court Criminal Cases (最高法院刑事分案實施要點), court cases resulting in the death penalty or life sentences that have been remanded by a higher appellate court go to the same judge who presided over the case.
Similarly, rulings that have been appealed after the case has been remanded to a lower court for a third time go to the same judge who presided over the trial during the third appeal.
In 1987, the Judicial Yuan, hoping to increase trial efficacy, asked that the Supreme Court consider the viability of having civil and criminal case appeals remanded at least twice to be handled by the same presiding judge, the Supreme Court said.
The Judicial Yuan and Executive Yuan’s discussion stated that such action was, in principle, viable and would not harm the interests of those involved, it said.
Similarly, the remanding of death or life sentences being handled by the same judges has been implemented per the Judicial Yuan’s request in 1989, the Supreme Court said, adding that this decision has been documented to prevent further debate.
TRAFFIC SAFETY RULES: A positive result in a drug test would result in a two-year license suspension for the driver and vehicle, and a fine of up to NT$180,000 The Ministry of Transportation and Communications is to authorize police to conduct roadside saliva tests by the end of the year to deter people from driving while under the influence of narcotics, it said yesterday. The ministry last month unveiled a draft of amended regulations governing traffic safety rules and penalties, which included provisions empowering police to conduct mandatory saliva tests on drivers. While currently rules authorize police to use oral fluid testing kits for signs of drug use, they do not establish penalties for noncompliance or operating procedures for officers to follow, the ministry said. The proposed changes to the regulations require
The Executive Yuan yesterday announced that registration for a one-time universal NT$10,000 cash handout to help people in Taiwan survive US tariffs and inflation would start on Nov. 5, with payouts available as early as Nov. 12. Who is eligible for the handout? Registered Taiwanese nationals are eligible, including those born in Taiwan before April 30 next year with a birth certificate. Non-registered nationals with residence permits, foreign permanent residents and foreign spouses of Taiwanese citizens with residence permits also qualify for the handouts. For people who meet the eligibility requirements, but passed away between yesterday and April 30 next year, surviving family members
China Airlines Ltd (CAL) yesterday morning joined SkyTeam’s Aviation Challenge for the fourth time, operating a demonstration flight for “net zero carbon emissions” from Taiwan Taoyuan International Airport to Bangkok. The flight used sustainable aviation fuel (SAF) at a ratio of up to 40 percent, the highest proportion CAL has achieved to date, the nation’s largest carrier said. Since April, SAF has become available to Taiwanese international carriers at Taipei International Airport (Songshan airport), Kaohsiung International Airport and Taoyuan airport. In previous challenges, CAL operated “net zero carbon emission flights” to Singapore and Japan. At a ceremony at Taoyuan airport, China Airlines chief sustainability
‘ONE CHINA’: A statement that Berlin decides its own China policy did not seem to sit well with Beijing, which offered only one meeting with the German official German Minister for Foreign Affairs Johann Wadephul’s trip to China has been canceled, a spokesperson for his ministry said yesterday, amid rising tensions between the two nations, including over Taiwan. Wadephul had planned to address Chinese curbs on rare earths during his visit, but his comments about Berlin deciding on the “design” of its “one China” policy ahead of the trip appear to have rankled China. Asked about Wadephul’s comments, Chinese Ministry of Foreign Affairs spokesman Guo Jiakun (郭嘉昆) said the “one China principle” has “no room for any self-definition.” In the interview published on Thursday, Wadephul said he would urge China to
RSS