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Introduction of Deferred Prosecution

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  • Last updated:2022-12-06
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There is more and more crime in this neighborhood, and this issue is most of countries have to face together. Solving the criminal case huge in quantity with limited judicial resources become the major subject of systems of criminal suit of various countries. There are several ways to solve this problem in many countries such as misdemeanor not to prosecuted, diversion, summary procedure judgment, deferred prosecution system and plea bargaining ask for criminal case. According to the case serious or not and parties have arguments to the process of case, easier for most of judicial resource put into most of major events or disputed cases.

Ministry of justice also plan to use limited criminal justice resource and focus the criminal status and trend. Considering international criminal judicial resource tendency and the change of claims-consciousness of citizens, draw up “severe punishment for minor commitment” and “lenient punishment for serious commitment” criminal policy. According to the criminal policy, Legislative Yuan passed the amended bill of code of criminal procedure on January 17 2002 and announced on February 8.

According to article 253-1 of the code of criminal procedure “If an accused has committed an offense other than those punishable with death penalty, life imprisonment, or with a minimum punishment of imprisonment for not less than three years, the public prosecutor, after considering the matters specified in Article 57 of the Criminal Code and the maintenance and protection of public interest, deems that a deferred prosecution is appropriate, he may make a ruling to render a deferred prosecution by setting up a period not more than three years and not less than one year thereof, starting from the date the ruling of deferred prosecution is finalized.”Defendant not only have to pass through hesitation term, but also need to fulfill burden or directive(Auflagen und Weisung), can earn the benefits of deferred prosecution. As for types and details of burdening, the article 253-2 of code of criminal procedure “In cases where a disposition of deferred prosecution is issued, the accused may be ordered by the prosecutor to comply with or perform following actions within a certain period of time: 1. Apologize to the victim. 2. Write a penitence letter. 3. Pay the victim an appropriate sum, as compensation for property or non- property damages. 4. Pay a certain sum to the government treasury, a certain ratio of which shall be allocated, by the concerned prosecutors' office, pursuant to the law, to subsidize the relevant public welfare organizations or local self-governing bodies. 5. Provide more than 40 hours and less than 240 hours of voluntary services to government agencies, government organizations, non-departmental public bodies, communities, or other institutions or groups that meet public interest objectives, as designated by the concerned prosecutors' office. 6. Complete addiction treatment, psychotherapy, psychological counseling or other appropriate intervention measures. 7. Comply with the orders as necessary for the protection of the victim's safety. 8. Comply with the orders as necessary for the prevention of recidivism.” So public procurator in accordance with the law must order defendant punished to prosecute to pay certain amount of money to common storehouse or the intersection of public service and group, local autonomy group that appoint, this is a cause of a called “deferred prosecution system”.

For doing deferred prosecution system fits the public interest principle and increase using performance of deferred prosecution system and set up deferred prosecution system review team and deferred prosecution system checking team in Our Prosecutors Office. Therefore, designing the ways to use deferred prosecution system can avoid cheating and also assist disadvantaged by deferred prosecution system.

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