16.Apply to video teleconference examination
- Publication Date：
- Last updated：2022-06-26
- View count：118
| No | 16-1 | 16-2 |
|---|---|---|
| Application Item | Apply to video teleconference examination | Apply to video teleconference examination |
| Application Content | Code of Criminal Procedure, Section II of Article 177 about the examination. | After the judgment is final, a motion for retrial may be filed for the benefit of the person convicted. (Code of Criminal Procedure, Article 420, and 421.) |
| The Requester | Witness. | 1. The person convicted, a statutory agent of the accused, and spouse. 2. A spouse, lineal blood relative, collateral blood relative within the third degree of kinship, head of the household, family member, if the person convicted is dead |
| Application Procedure | The requesters should apply in written motion or the motion may be made verbally. | The requesters should apply to the court or the prosecutors in our office. |
| Attach with Documents | Clarify the reasons for the request and submit the documentary proof. | Prepare a copy of the original judgment and the relevant evidence. |
| Accepting Authority | The original public prosecutor's office. | The original public prosecutor's office. |
| Application Period | The application shall be submitted at least 3 days before the date. It is not restricted when examination in emergent circumstances. | Once the judgment is final. However, a motion for a retrial due to the failure to consider material evidence under Article 421 may be filed within 20 days since the judgment is served. |
| Disposal Time Limit | Accept at any time | Accept at any time |
| Review Authority | 1. Prosecutors shall verify and attend the request. 2. Each session of video teleconference examination is 30 minutes, and the requesters can apply two sessions each time at most. They could draw the session out if the head of the agency permits for an extended time. |
1. Prosecutors shall verify the allotted time and the reasons for the motion for a retrial. 2. If the reasons for motion have existed, the application of motion for retrial should be made and submit to the court. If the reasons for motion have not existed or the period has lapsed, the motion shall be rejected and inform the requesters. |
| Fee | Free of charge | Free of charge |