Taiwan - Article 33 Of The Code Of Criminal Procedure In Compliance With Constitution

Legal News & Analysis - Asia Pacific - Taiwan - Dispute Resolution

25 May, 2018

 

The Constitutional Court of the Judicial Yuan declares in J.Y.

 

Interpretation No. 762, issued March 9, 2018, that Paragraph 2, Article 33 of the Code of Criminal Procedure is unconstitutional because said provision hinders criminal defendant’s right to defense by prohibiting the defendants who are represented by counsel from directly accessing the court files and from obtaining copies of the court files and evidence other than hearing record. 

 

The Constitutional Court indicates that the aforementioned provision is not in compliance with the principal of due process prescribed in Article 16 of the Constitution pertaining to the protection of the right of instituting legal proceedings, and has orders that the competent authority amend the Code of Criminal Procedure accordingly within 1 year from the issuance of this Interpretation. 

 

 

For further information, please contact:  

 

Chia-chi Chen, Tsar & Tsai Law Firm

law@tsartsai.com.tw