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History

  • History

           During the Japanese Ruling period, Taitung area was dubbed as Taitung Ting. After the Recovery of Taiwan, Taitung was upgraded as Taitung County. During that time, there was no district court or district prosecutors office in Taitung, and all of the civil and criminal litigations, the non-contentious matters and criminal investigations were conducted under the jurisdiction of Hualien District Court and Hualien District Prosecutors Office. However, Taitung is located at the south-east coast of Taiwan and surround by mountains. The distance between Taitung and Hualien is about 198 kilometers and the traffic is inconvenient. It costs a lot and takes much time for people in Taitung to convene before the court in Hualien as well as for the personnel in Hualien to perform duties such as forensic medical examination, inspection in Taitung and the delivery of sentenced prisoners. As a result, the locals continuously suggested the government and hoped the establishment of Taitung District Court and Taitung District Prosecutors Office for the convenience of people in Taitung. The former Ministry of Judicial Executive granted the establishment of Taitung District Court and Taitung District Prosecutors Office in Taitung township in 1945 and appointed Mr.Pong,Gee-Shang as the fist chief judge to take charge of the establishment of the court in October 1945.(During that time the prosecutorial authority was not separated and independent from the court yet and the routine work was not very complicated so there was only a chief judge appointed to be in charge of the establishment and no chief prosecutor was appointed). However there was no appropriate office building for the court and prosecutors office. After looking for, the cotton and linen develop factory of the former Agriculture and Forestry Division of Taiwan Provincial Government located at no.128 Bou-ai Rd. Taitung City was choosen as the location of office building. After negotiating with the former Agriculture and Forestry Division , the former Agriculture and Forestry Division agreed to cede the site as the office of Taitung District Court and Prosecutors Office. Even though the building was old and lack of equipment, due to the shortage of financial budget to rebuild, there was only simple renovation with basic placement of facilities to meet the establishment.     The former Ministry of Judicial Executive formally approved the establishment of Taitung District Court and Taitung District Prosecutors Office on December 28th 1949 and appointed Mr. Cheng, Jing-Wen as the first chief prosecutor who worked in the same office with Taitung District Court. The office building was a former factory which was old and dilapidated, so it was not considered as an appropriate place to serve as trial court, investigation room and office.     In 1963, the third term chief judge Wang,Yung-Shin and the forth term chief prosecutor Shei,Chung-Tang used the residual budget accumulated in the past three years together with the financial supprot from the former Ministry of Judicial Executive and the financial aid from Taitung County Government, totally amounted to two million New Taiwan Dollars to tear down the dilapidated old building and construct a new office building which was completed in July 1963.      In 1980, the prosecutors office was separated and independent from the court, therefore the office building of Taitung District Court and Taitung District Prosecutors Office were divided and separated from each other for future management and use according to their original ambit. Afterwards, with the increase of population as well as case load in Taitung, together with the enlargement of personnel, the space in the original office building was obviously not enough. Under the guidance of Ministry of Justice, with the reconstruction plan and financial budget, the office, archives, bailiff office(including detention room, garage, duty room, investigation room, bail room), library and recreation room were under construction from 1985 to 1987 to make the building with enhanced facilities.

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Primary Goals

  • Primary Goals

    The first important job of the prosecutors office is to prosecute crimes and to conduct the execution of criminal judgement, so as to enhance investigation and attack on corruption, to eliminate organized crimes, to conduct investigation on drugs strictly, to prevent against smuggling, to inspect and eliminate burglary, to investigate crimes on damage to ecology of the national land, to investigate election bribery thoroughly, to investigate felony rapidly, to prevent children and juveniles from sexual transaction, to investigate crimes related to intelligent property rights, to crack cases on economic and computer crimes etc. The purpose is to clarify government administrations, to purify election style, to solidify democracy political foundation. Thus, our citizens will be free from the harm by drugs and crimes, and will enjoy the safety of life, freedom and properties. Furthermore, we also focus on the enforcement of parole and probation and regeneration of adult criminals on the one hand so that the criminals who committed crimes unintentionally could be relocated. Moreover, we value the protection of victims on the other hand so that the victims and/or their family could obtain compensation from the government.

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Functions

  • Functions - Duties and responsibilities of prosecutors

    Dealing with criminal cases Investigation: According to Article 228, Criminal Procedure Code, a prosecutor shall investigate immediately when he is aware of law-offending cases through complaint, reporting, surrender of the suspect and other sources. Public prosecution, non-indictment or transfer of the case shall be made after the investigation. Indictment: A prosecutor shall prepare public indictment against the suspects after investigation and forward the case to the court for trial. Implementation on pleas of the crown: In every case, the prosecutor must participate in cross-examination and justification on the court during the judicial process. Acting as a prosecutor: A prosecutor shall act as a prosecutor on behalf of the state against criminal offenders. He shall present at the court on the trial and state the main points of indictment after the accused is interrogated by the judge. He shall maintain his opinions after the court investigation on evidence is made. He shall appeal to the higher court if he considers the court decision unjustifiable to effect eventual justice. Assisting in a private prosecution: A victim filing a criminal suit directly with the court is called private prosecution. According to Criminal Procedure Code, a victim may file a lawsuit with the court. The lawsuit also may be filed by the legal-representative, lineal relatives or spouse of the victim if he is of incapacity, prohibition or dead. The prosecutor shall state the facts or his opinion at the trial on the date announced by the court if he believes it is important for the interest of the state and society to offer assistance to the private prosecutor. Taking over private prosecutions: Where a private prosecution is unable to proceed or withdrawn on account of profit offered or threat exerted by the defendant, the prosecutor shall take over the case and carry on the prosecution if he considers detrimental otherwise unless the suit can only be instituted by the private suitor. Directing the enforcement of criminal decision: The prosecutor has the responsibility of directing the enforcement of criminal decision made by the court for the enforcement of state penalty, efficiency and justice of law. Other responsibilities as prescribed by law Civil affairs Requesting for court decree of death or its cancellation.  Requesting for court decree of civil interdiction or its cancellation. Requesting for court decree of dissolution of unlawful corporate body. Requesting for court selection of liquidator for corporate body. Requesting for court assignment of will executor. Requesting for court to change the organization of an incorporation. Requesting for court decree of invalidity of act taken by the director of an incorporation. Requesting for court selection of temporary administrator when the directors of an incorporation are incapable to discharge their duties. Requesting for court selection of inheritance custodian. Dealing with compensation the State. Dealing with compensation for the wrong detention and execution. Directing over matters relating to conciliation by village, town or county conciliation commission. Protection for crime victims. The Association for Protection of Victims of Criminal Acts, Taitung Branch was established to provide monetary assistance, legal affairs counseling and comfort to the bereaved of the killed and the families of severely injured. A group of volunteers assists the association to help crime victims. According to Article14, Crime Victims Protection Act, a Committee for Compensation to Victims of Criminal Acts was established and is in charge of screening and making decisions on compensation cases and other relevant matters.

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