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A Brief Introduction to Taiwan's Three-Trial System for Criminal Procedure
In Taiwan, criminal proceedings are conducted through a three-tier system of trials and hearings, a crucial institutional framework for ensuring judicial fairness and safeguarding the legitimate rights and interests of litigants. The three tiers of courts are the District Courts, the High Court, and the Supreme Court, each with distinct functions and responsibilities.
As the court of first instance, local courts are responsible for the initial hearing of the vast majority of criminal cases. Here, the investigation of facts and the application of law are initially carried out. The prosecution and defense fully present their arguments and submit evidence. Local court judges make a comprehensive assessment based on the information presented by both parties and render a first-instance judgment. This judgment often forms an important foundation for subsequent legal actions by the parties.
The High Court handles second-instance cases. Parties dissatisfied with a first-instance judgment from a local court may appeal to the High Court. The High Court conducts a comprehensive review of the first-instance judgment, examining not only the correct application of law but also the accuracy of the case's factual findings. If the High Court finds that the first-instance judgment lacks facts, insufficient evidence, or incorrect application of law, it has the power to amend the judgment or remand the case for a new trial.
As the third-instance court, the Supreme Court primarily conducts legal review. Its core purpose is to examine the proper application of law in second-instance judgments, thereby establishing precedents, unifying the interpretation and application of law, and maintaining the consistency and authority of the entire legal system. For example, when complex and difficult legal issues arise, where different courts may have differing interpretations and rulings, the Supreme Court's decisions play a crucial role in resolving disputes and establishing a unified standard.
The three-instance appeal system provides litigants with multiple avenues of redress, allowing cases to undergo multiple rigorous reviews, minimizing miscarriages of justice and ensuring judicial fairness. However, appealing a case through the third instance is not straightforward and requires strict requirements and procedures. Below, we will detail the key points for successfully appealing a criminal case through the third instance.
criminalAppeal of the third instanceLegal requirements
(1) Eligibility of the Appealee
Not all criminal judgments can be appealed to the third instance, and the objects of appeal must meet strict regulations. According to the relevant provisions of Taiwan's Criminal Procedure Law, if a party is dissatisfied with the second instance judgment of the High Court, he or she undoubtedly has the right to appeal to the Supreme Court and start the third instance procedure. For example, in common cases such as major theft and intentional injury causing serious injury, after the second instance of the High Court, if the losing party believes that the judgment is wrong, it can use this as the object of appeal to file an appeal for the third instance. At the same time, if the case is heard and judged by the High Court as the first instance, if the party is dissatisfied with the first instance judgment, he or she can also appeal directly to the Supreme Court and seek judicial relief in the third instance. This provision guarantees that when facing the judgment of the High Court, if the party believes that there is an error or injustice, he or she has the right to further appeal, so that the case can be reviewed by a higher-level court and judicial fairness can be maintained.
(2) Compliance with the appeal deadline
The appeal deadline is a key element that cannot be ignored in the third instance of an appeal. The law clearly stipulates that parties must appeal within 20 days of receiving the High Court's judgment. This 20-day deadline is a statutory fixed period and cannot be arbitrarily extended or changed. It is intended to ensure the efficient progress of the litigation process and avoid prolonged delays in the case. For example, if the defendant in a criminal case receives the second instance judgment of the High Court on January 1, 2024, he or she must submit the appeal and other relevant materials to the Court of Appeal by January 21 (inclusive) to complete the appeal. Once the deadline is exceeded, unless there are special statutory circumstances such as force majeure and sufficient evidence can be provided to prove it, the Court of Appeal will directly dismiss the appeal application, and the parties will lose the opportunity to appeal the third instance and can only accept the original judgment. Therefore, strictly adhering to the appeal deadline is an important prerequisite for a successful third instance appeal. Parties must pay close attention to the time nodes and exercise their right to appeal in a timely manner.
(3) Legal grounds for appeal
A third-instance appeal requires statutory grounds for appeal; otherwise, it will be difficult for the court to accept and uphold the case. According to Taiwan's criminal procedure laws, "the judgment is inconsistent with the law" is the primary statutory ground for appeal. This "inconsistency" encompasses a wide range of circumstances, such as the incorrect application of the legal provision underlying the judgment, whereby Article B should have been applied when Article A should have been; or serious violations of statutory procedures during the trial, such as the failure of a judge to recuse himself when required, or the illegal deprivation of the parties' right to debate. For example, in an economic crime case, the first and second instance courts misinterpreted relevant financial regulations when determining the amount of the crime, resulting in an excessively harsh sentence for the defendant. The defendant appealed the third instance, citing this "inconsistency" as the ground. Ultimately, the Supreme Court, after review, upheld the grounds for appeal and revised the case. These cases clearly demonstrate the crucial role of statutory grounds for appeal in a third-instance appeal. Only by accurately grasping and adhering to statutory grounds can a favorable outcome be achieved in the third instance.
Key factors for a successful third-instance appeal
(1) Accurately grasping errors in the application of law
Errors in the application of law are a key factor in a successful third-instance appeal. Such errors are common in many criminal cases, seriously undermining the fairness of judgments. For example, in a commercial fraud case, the defendant was accused of defrauding others of a substantial sum of money through a sham contract. The first and second instance courts used sentencing standards for ordinary fraud. However, in this case, the defendant used a commercial contract to commit fraud, which more closely met the elements of contract fraud. Contract fraud differs from ordinary fraud in terms of sentencing ranges and constituent elements. A professional lawyer accurately identified this error in the application of law and elaborated on it in detail during the third-instance appeal. Through a meticulous interpretation of the relevant legal provisions and comparative analysis of similar cases, they successfully persuaded the Supreme Court, ultimately leading to a reversal of the verdict. This demonstrates the importance of lawyers accurately identifying errors in the application of law during the third-instance appeal. Lawyers require a solid legal foundation and in-depth research into various legal provisions, judicial interpretations, and relevant precedents to discern discrepancies in the application of law in complex cases and secure favorable judgments for their clients.
(2) Effectively raising issues of procedural violations
Procedural justice is the cornerstone of judicial fairness. In criminal proceedings, procedural violations can lead to the overturning of a verdict, even if the facts of a case are clear and the evidence is sufficient. Common procedural violations manifest themselves in various ways, such as violations of the recusation system. In a case involving intentional injury, the presiding judge, despite being related to the victim, did not proactively recuse himself. The defendant remained unaware of this issue during the first and second trials. It was not until the third instance appeal that the lawyer, after careful investigation, discovered the situation and cited it as grounds for appeal. Violations of the recusation system compromise the fairness of the trial process and undermine the legitimate rights and interests of the defendant. The participation of judges with a vested interest in the case can lead to bias in the acceptance of evidence and the application of law, compromising the objectivity of the verdict. Another example is the unlawful deprivation of the right to debate, restricting the defendant from expressing reasonable defense during the trial. This is also a serious procedural violation. Once such procedural violations are effectively raised, the Supreme Court will attach great importance to them, as they seriously undermine the fairness and authority of the judiciary. During the third appeal, the lawyer must comprehensively review the litigation procedures of the first and second instances, not missing any possible procedural flaws, and through rigorous argumentation and evidence support, forcefully point out procedural violations, laying the foundation for a successful appeal.
3. The key role of new evidence
New evidence can often play a crucial role in turning a situation around during a third instance of appeal, but the identification of new evidence is subject to strict standards. First, new evidence must be objective, meaning it must be based on objective facts, not subjective fabrication or speculation. For example, in a theft case, the original trial found the defendant guilty based on fingerprints left at the scene and witness testimony. However, before the third instance of appeal, the defendant discovered new surveillance video that clearly captured the defendant's absence at the time of the crime. This surveillance video, as new evidence, is objective and true, independent of human will. Second, the new evidence must be relevant, with a substantial connection to the facts of the case and the ability to influence conviction and sentencing. The surveillance video must be closely related to the core fact of the theft case—whether the defendant committed theft—and directly impact the defendant's conviction. Third, new evidence must be legally obtained, and its acquisition must comply with legal provisions. Evidence obtained through illegal means, such as covert photography or videotaping, and that seriously infringes on the privacy of others, cannot be admitted as new evidence, even if it is probative of the case. Finally, new evidence must meet the requirement of novelty, meaning it must be discovered after the original trial, or it existed at the time of the original trial but could not be collected due to objective reasons. This surveillance video was discovered and retrieved after the original trial, during an upgrade of the surveillance system surrounding the crime scene, thus meeting the novelty requirement. With this new evidence, the defendant successfully overturned the verdict at the third instance, proving his innocence. Therefore, during the third instance of appeal, parties and their lawyers should actively seek new evidence that meets the identification criteria to create favorable conditions for a retrial.
Advantages of Fidelity Law Firm's Criminal Lawyers in the Third Appeal
(1) Professional criminal litigation team
Fidelity Law Firm is renowned within the industry for its exceptional criminal litigation team. All team members are graduates of renowned law schools and possess a solid foundation in legal theory. They have not only passed the rigorous judicial examination but also possess extensive practical experience, with an average of over 10 years of legal experience. With a long-standing focus on criminal litigation, the team possesses keen insight and precise judgment in handling a wide range of criminal cases. The Fidelity team has demonstrated exceptional strength in handling complex criminal appeals. For example, in numerous appeals involving economic crimes, faced with complex financial accounts, obscure business regulations, and voluminous evidentiary materials, the team members, drawing on their solid professional knowledge and extensive experience, quickly identified the key points of the cases and pinpointed legal errors and procedural violations found in both the first and second instance trials. When preparing appeals, team members have clear divisions of labor: some are responsible for in-depth research of relevant legal provisions and the latest precedents to provide a solid legal basis for the appeals, while others focus on communicating with the parties involved, delving into case details, and identifying potential new evidence. During the trial, the team members worked closely together, and the lead defense lawyer relied on his excellent eloquence and adaptability to argue in court and effectively safeguard the legitimate rights and interests of the parties.
(II) Successful Case Studies
Fidelity Law Firm has numerous successful cases in criminal appeals, demonstrating its strength and expertise. In a high-profile drug-related appeals case, the defendant received heavy sentences in both the first and second trials. Upon accepting the case, Fidelity Law Firm's team conducted a comprehensive and meticulous review. Through in-depth research into the case files, multiple interviews with the defendant, and reinvestigation and evidence collection, they uncovered key evidentiary flaws and legal errors in the original judgment. In the third-instance appeal, the team meticulously prepared appeal materials, detailing the errors in the original trial and presenting key newly discovered evidence. After vigorous court debate, the Supreme Court ultimately adopted the Fidelity team's arguments, revising the verdict and significantly reducing the defendant's sentence. In another case involving embezzlement, the Fidelity team, through precise application of the law, successfully pointed out errors in the second-instance court's determination of the criminal amount and the charge. Through tireless efforts, they ultimately secured a favorable third-instance judgment for the client, safeguarding their legitimate rights and interests. These successful cases not only provide fair outcomes for the clients but also earn Fidelity Law Firm a strong reputation.
(3) Comprehensive legal services
Fidelity Law Firm provides clients with comprehensive legal services, from case evaluation to trial defense. Upon receiving a client's commission, professional lawyers will first conduct a comprehensive and detailed case evaluation. These lawyers will thoroughly understand the case facts, the judgments from the first and second instance trials, and the client's claims. Drawing on legal provisions and practical experience, they will objectively analyze the feasibility and probability of success of an appeal and provide professional legal advice. During the appeal preparation phase, lawyers will develop a detailed appeal strategy based on the case evaluation. This includes collecting and organizing evidence, drafting the appeal brief, and preparing a trial outline. Lawyers will thoroughly explore key information in the case, identifying evidence and legal basis favorable to the client, ensuring the appeal is persuasive. During the trial, lawyers will leverage their professional expertise and sophisticated debate skills to present a vigorous defense for the client in court. Fidelity Law Firm also emphasizes personalized service, tailoring legal service plans to the specific needs of each case. For clients facing financial difficulties, legal aid is also provided to ensure fair legal relief. Throughout the service process, the lawyer will maintain close communication with the client, provide timely feedback to the client on the progress of the case, answer the client's questions, and ensure that the client feels fully cared for and supported during the legal proceedings.
Submit it to a criminal lawyer specializing in appeals
In Taiwan's criminal proceedings, a third-instance appeal is a crucial remedy for safeguarding the legitimate rights and interests of litigants and achieving judicial justice. However, a successful third-instance appeal is by no means easy, requiring precise grasp of numerous key points. The subject of the appeal must be eligible, the deadline for appeal must be strictly adhered to, and the grounds for appeal must comply with statutory requirements. Among the factors influencing the success of a third-instance appeal, accurately identifying errors in the application of law requires a deep understanding of the legal provisions and the facts of the case; effectively raising procedural violations requires a meticulous review of every aspect of the litigation process; and obtaining new evidence that meets the required standards tests one's investigative and evidence-gathering skills and mastery of the rules of evidence.
Facing such complex and specialized legal procedures, choosing a professional law firm is crucial. Fidelity Law Firm, with its dedicated criminal litigation team, extensive caseload, and comprehensive legal services, demonstrates a strong advantage in the third instance of criminal appeals. The team's professionalism, practical experience, and dedication to each case provide strong support for clients' appeals.
If you are facing criminal prosecution and have questions about the third instance of appeal or require professional legal advice, please contact Fidelity Law Firm. With their professionalism, extensive experience, and commitment, they will provide personalized legal services, helping you achieve the best possible outcome within the legal framework and ensuring you are no longer isolated and helpless in your legal challenges.
Further reading
The lawyers of our firm have focused on the field of criminal litigation for many years and have represented many criminal cases that have attracted public attention. They specialize in corruption regulations, violations of banking laws, violations of securities and exchange laws, violations of commercial accounting laws, commercial misappropriation, fraud, forged documents, We provide the highest quality legal services based on our rich experience in matters such as negligent injury, reputational damage, damage, obstruction of official duties, and public danger.
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