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.
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