Go to Content Area :::

Constitutional Court R.O.C. (Taiwan) Logo

Home Sitemap 中文版
   

Decisions

Home > Decisions > Docket Search > Before 2022
:::
:::
  • Interpretation
  • No.302
  • Date
  • 1992/08/14
  • Issue
    • Article 377 of the Code of Criminal Procedure limits appeals to the court of the third instance to judgments contrary to law. Does the said provision transgress the scope of legislative discretion, thus contradicting Article 16 of the Constitution?
  • Holding
    •        Article 377 of the Code of Criminal Procedure provides, "An appeal may not be made to a court of the third instance except for the reason that the judgment is contrary to law." Such provision is enacted for the purpose of reasonable use of legal proceedings in order to increase the public interest. It neither transgresses the scope of legislative discretion nor contradicts Article 16 of the Constitution.
  • Reasoning
    •        Article 16 of the Constitution provides that the people shall have the right to initiate legal proceedings. However, the legislature shall have the discretion in deciding what proceedings shall be available for the exercise of such right, the division of the court of instances, and whether the court of the third instance shall be restricted to performing legal review, and such matters shall be prescribed into law by the legislature. Article 377 of the Code of Criminal Procedure provides that an appeal may not be made to a court of the third instance except for the reason that the judgment is contrary to law. The limitation on the reasons to appeal to the court of the third instance is made under the aforesaid principle and is necessary to increase the public interest. It does not transgress the scope of legislative discretion and thus is permitted under the provision of Article 23 of the Constitution. As such, Article 377 of the Code of Criminal Procedure does not contradict the principle of the protection of the people*s litigation rights under Article 16 of the Constitution.
      
    • *Translated by John C. Chen.
Back Top