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.
