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  • Interpretation
  • No.146
  • Date
  • 1976/07/23
  • Issue
    • May a defendant file an extraordinary appeal after the final ruling of a criminal case has been rendered in a trial court, if the facts of the case are found to be contrary to the evidence admitted in the court?
  • Holding
    •        After the final ruling of a criminal case has been rendered in a trial court, if the facts of the case are found to be contrary to the evidence admitted in the court, the criminal trial at issue is considered to have violated the law and the defendant may file an extraordinary appeal. If the defendant can provide a sufficient reason for retrial, the defendant will be permitted to file a motion for retrial pursuant to the retrial procedures. 
      
  • Reasoning
    •        Except for typos or clerical errors, that which are not prejudicial to the facts or ruling of a case and are permitted to be corrected under J.Y Interpretation No. 43, after the final ruling of a criminal case has been rendered in a trial court, if the facts of the case are found to be contrary to the evidence admitted in the court, the criminal trial at issue is considered to have violated the law and the defendant may file an extraordinary appeal. The presiding judges in the extraordinary appeal may, pursuant to Article 445, Section 2, of the Criminal Procedure Law, correct the legal errors based on the facts determined by the trial court. However, if the defendant can provide a sufficient reason for retrial by proving that the facts of the case were wrongfully determined by the trial court in violation of the law, the defendant will be permitted to file a motion for retrial pursuant to the retrial procedures.
      
    • *Translated by Li-Chih Lin, Esq., J.D.
      
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