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  • Interpretation
  • No.123
  • Date
  • 1968/07/10
  • Issue
    • Should the statute of limitations set for the prosecution of a crime on a suspect or the execution of punishment on a criminal, who is now under an order for arrest by law, be suspended?
  • Holding
    •        The statute of limitations to prosecute a defendant on trial who is under an order for arrest by law should be suspended. The J. Y. Interpretation Yuan-tsu No. 1963 has not been changed. The statute of limitations to execute punishment of a criminal, who is under an order for arrest by law, should also be suspended when the order cannot start or continue. At the same time, Article 85, Paragraph 3, of the Criminal Code should be taken into consideration.
  • Reasoning
    •        Except for special provisions, no trial should be completed when a defendant does not appear in court. An order for arrest can be made when a defendant goes into exile or hiding, according to Articles 281 (formerly Article 260) and 84 of the Code of Criminal Procedure. The trial procedure on a defendant, who must make a court appearance, cannot start or continue when the defendant, who is under an order for arrest by law, goes into exile or hiding. Under such circumstances, the statute of limitations to prosecute should be suspended, and Article 85, Paragraph 3, of the Criminal Code should be taken into consideration. J. Y. Interpretation Yuan-tze No. 1963 in regard to this part has not been changed. It is obviously clear that, according to Article 469 (formerly Article 473), Article 480 (formerly Article 484) and other provisions concerning the execution of a penalty of the Code of Criminal Procedure, in order to compel a criminal to appear in court and to implement a penalty, an order for arrest by law can be made. The implementation procedure on a defendant, who must make a court appearance, cannot start or continue when the defendant, who is under an order for arrest by law, goes into exile or hiding. According to Article 85, Paragraph 1, of the Criminal Code, the statute of limitations to execute punishment on a criminal should therefore be suspended. Nevertheless, regarding the period of suspension, the application of Article 85, Paragraph 3, of the Criminal Code should be taken into consideration. If it reaches one-fourth of the period listed in Article 84, Paragraph 1, of the Criminal Code, the reason for suspension will be deemed to have ended. When there is no further implementation and no other reason for suspension, the statute of limitations of power to execute punishment shall be restored.  
      
    • *Translated by Dr. F. T. Liao, Assistant Research Fellow, Institute of European and American Studies, Academia Sinica.
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