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Disagreement with a judgment of second instance or first instance rendered by the High Court

  • Publication Date:
  • Last updated:2021-01-28
  • View count:39

 Appealable

(General judgment)

A person who disagrees with this judgment shall file a written petition of appeal setting forth specific ground of reasons to the Court within 10 days calculated from the date of service of the judgement; A person who fails to set forth ground of reasons in a written petition of appeal shall submit ground of reasons in writing to the Court within 10 days since the appeal. (The number of the written copies thereof to be attached shall all be the same as the number of opposing parties.)[Please do not submit it directly to the Court of Appeal.]

(The guilty part of the judgment made against the defendant may be appealed; the non-guilty part of the judgment made against the defendant may not be appealed; the prosecutor may only appeal under the conditions set out in the Criminal Speedy Trial Act, Article 9)

For the guilty part of the judgment, a person who disagrees with this judgment shall file a written petition of appeal setting forth specific ground of reasons to the Court within 10 days calculated from the date of service of the judgement; A person who fails to set forth ground of reasons in a written petition of appeal shall submit ground of reasons in writing to the Court within 10 days since the appeal. (The number of the written copies thereof to be attached shall all be the same as the number of opposing parties.) [Please do not submit it directly to the Court of Appeal.]

For the non-guilty part of the judgment, the reasons for appeal filed by the prosecutor are limited to the conditions under the Criminal Speedy Trial Act, Article 9.

Criminal Speedy Trial Act, Article 9:

Except for the circumstances provided for in the preceding Article, if the court of second instance reaffirms the not guilty judgement rendered by the first instance, the reasons for appeal are limited to the following conditions:

  1. The law or order applied in the judgement is inconsistent with the Constitution;
  2. The judgement is in contradiction to the Interpretation of the Judicial Yuan;
  3. The judgement is in contradiction to the precedent.

Articles 377 to 379 and Paragraph 1, Article 393 of the Code of Criminal Procedure shall not apply to the trial of the case specified in the preceding paragraph.

For the non-guilty part of the judgement, the defendant may not appeal.

(For the part of the offense of xxx on the defendant’s judgment may not be appealed; the remaining part of the judgment may be appealed; The prosecutor may only appeal under the conditions set out in the Criminal Speedy Trial Act, Article 9.)

For the part of xxx offense, it is non-appealable.

Fort the remaining part, a person who disagrees with this judgment shall file a written petition of appeal setting forth specific ground of reasons to the Court within 10 days calculated from the date of service of the judgement; A person who fails to set forth ground of reasons in a written petition of appeal shall submit ground of reasons in writing to the Court within 10 days since the appeal. (The number of the written copies thereof to be attached shall all be the same as the number of opposing parties.) [Please do not submit it directly to the Court of Appeal.]

If the court of second instance reaffirms the not guilty judgement rendered by the first instance, the reasons for an appeal filed by the prosecutor are limited to the conditions under the Criminal Speedy Trial Act, Article 9.

Criminal Speedy Trial Act, Article 9:

Except for the circumstances provided for in the preceding Article, if the court of second instance reaffirms the not guilty judgement rendered by the first instance, the reasons for appeal are limited to the following conditions:

  1. The law or order applied in the judgement is inconsistent with the Constitution;
  2. The judgement is in contradiction to the Interpretation of the Judicial Yuan;
  3. The judgement is in contradiction to the precedent.

Articles 377 to 379 and Paragraph 1, Article 393 of the Code of Criminal Procedure shall not apply to the trial of the case specified in the preceding paragraph.

Non-appealable (The judgment shall not be appealed under the Criminal Speedy Trial Act, Article 8)

Non-appealable.

Non-appealable

(For the cases involving the various offenses under Article 376 of the Code of Criminal Procedure)

Non-appealable.

(The exception that may be appealed to the court of third instance)

In accordance with the proviso of paragraph 1 of Article 376 of the Code of Criminal Procedure, a judgment may be appealed to the court of third instance. The defendant or a person who may appeal for the interest of the defendant who disagrees with this judgment shall file a written petition of appeal setting forth specific ground of reasons to the Court within 10 days calculated from the date of service of the judgement; A person who fails to set forth ground of reasons in a written petition of appeal shall submit ground of reasons in writing to the Court within 10 days since the appeal. (The number of the written copies thereof to be attached shall all be the same as the number of opposing parties. [Please do not submit it directly to the Court of Appeal.]

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