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  • Interpretation
  • No.43
  • Date
  • 1954/12/29
  • Issue
    • How should a judgment with mistaken identity be disposed of in a criminal proceeding?
  • Holding
    •        Based on the petition, the original judgment was mistakenly issued against John Doe as Jane Doe. Such a judgment violates the law and should be corrected through proper procedures such as appeal, extraordinary appeal and retrial if there is in fact a Jane Doe as a related party in the case and Jane Doe was never formally prosecuted. If Jane Doe does not exist, then this [situation] is clearly a case of clerical error, which does not qualify under Article 245 of the Code of Criminal Procedure and should impact neither the facts of the case nor the gist of judgment. Corrections of such a judgment may then be added to, deleted from or modified in the judgment itself if [the error is] found before public announcement. For judgments [of this kind] that have already been announced or service [of notice] is rendered, reference may be made to Article 232 of the Code of Civil Procedure, and in accordance with Article 199 of the Code of Criminal Procedure, by having the original trial court issue a correctional judgment either in response to a petition or ab initial so as to demonstrate [the court*s] authority.
    • *Translated and edited by Professor Andy Y. Sun.
  • Reasoning
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