Court upholds ’Same-Judge Clause’ in landmark ruling’

TAIPEI (TVBS News) — The Constitutional Court ruled on Monday (Aug. 14) that the so-called "same-judge clause" and the intention to protect litigation rights did not violate each other.

The "same-judge clause" is based on the Supreme Court procedure rule, stating that serious criminal or major civil appeals being remanded twice and appealed for a third trial or retrial must be presided over by the same judge unless the judge retired or was transferred.

The 35 death row inmates, who petitioned for a constitutional interpretation ten months ago due to infringement of their legal rights, could not request an extraordinary appeal for a retrial after today's announcement.

The Constitutional Court further expressed that judges should avoid participation in a retrial or exceptional appeal procedures and mandate relevant agencies to revise the Code of Criminal Procedure within two years after the verdict is announced.

◤人氣精選文◢

👉揭密！最愛背的包款會洩漏真實個性？

👉 小資守財不易！5大易破財行徑大公開

👉8大招財錢包色彩推薦！換上財運滾滾