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  • Interpretation
  • No.181
  • Date
  • 1983/07/01
  • Issue
    • Where evidence is not properly investigated during adjudication, thus leading to be clearly erroneous in the application of law, which has an observable impact on the final and binding judgment, should the said judgment be classified as a judgment that is illegal in substance to which Article 447 of the Code of Criminal Procedure governing extraordinary appeals applies?
  • Holding
    •        Extraordinary appeals are a means of relief to correct final and binding judgments that have infringed upon the laws. Judges should investigate the evidence, should the law require, during the period of adjudication. If the lack of investigation leads to be clearly erroneous in the application of law that has an observable impact on the final and binding judgment, then it is a judgment that is illegal in substance to which Article 447, Paragraph 1, Subparagraph 1, of the Code of Criminal Procedure applies.
  • Reasoning
    •        Criminal proceedings are procedures put in place to ensure the State*s specific power to criminal punishment, with the objectives to discover the truth and to safeguard the proper exercise of the power to criminal punishment. Extraordinary appeals are a means of relief to correct final and binding judgments that have infringed upon the laws. Judgments that have infringed upon the laws can be classified into judgments that are illegal in substance and judgments that are reached through illegal procedures, and they are treated differently by the laws of procedure. With regard to the former judgments, the laws of procedure permit, taking into consideration the defendant*s interests, redetermination of judgments following revocation of the original judgments and have force in substance. With respect to the latter, the laws merely dismiss the procedures. Although the two may be distinguished theoretically, in practice, they are correlative. Therefore, where the evidence that should be investigated during the periods of adjudication is not so investigated thus leading to be clearly erroneous in the application of law, which has an observable impact on the final and binding judgment, then the appropriate exercise of the State*s power to criminal punishment cannot be assured if no relief is granted. The said final and binding judgment shall be classified as a judgment that is illegal in substance, not merely illegal in its procedures, to which Article 447, Paragraph 1, Subparagraph 1, of the Code of Criminal Procedure applies.
      
    • *Translated by THY Taiwan International Law Offices.
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