Application matters

Application content

Applicants

Application procedure

Attached
documents

Period for filing an application

Time required for processing

Review criteria and
processing results

Application for an appeal to be made by public prosecutor

Disagreement with the judgment of Taiwan High Court Taichung Branch Court.

Complainant or victim

The complainant or victim having the intention to appeal should submit a written appeal petition to the prosecutor of this Branch.

Relevant evidence or supporting documents on the grounds for objection to the original judgment

Appeal shall be made within 20 days after the prosecutor’s receipt of the judgment.

After receiving the written appeal petition, the prosecutor shall handle the case in accordance with the law within the appeal period.

1. The prosecutor shall review whether the application for appeal exceeds the statutory period or is  meritless.

2. The prosecutor shall bring the appeal to Taiwan High Court Taichung Branch Court when considering it legal and meritorious as a result of review; otherwise, no appeal shall be made and the original applicant shall be notified accordingly.

Application for an extraordinary appeal

After being finalized, the judgment is discovered in contravention of  the laws or regulations.

The person convicted

Except for filing an appeal petition with the Attorney General of Supreme Prosecutors Office, any appeal filed with the prosecutors of this Branch shall be in writing and with the reasons set forth.

Copy of the original judgment, and the relating evidence.

After the judgment is finalized.

On-demand service

After receiving the written petition, the prosecutor shall review whether there are any causes to make the extraordinary appeal as required by law. If so, the prosecutor shall fill out and submit a letter of opinion with the dossier of the case and the evidence together the Attorney General of Supreme Prosecutors Office for review. If not, the prosecutor shall write a letter to request Supreme Prosecutors Office to handle it and notify the applicant accordingly.

Motion for retrial (I)

Motion for retrial is filed for the benefit of the person convicted after the judgment is finalized. (Articles 420 and 421 of the Code of Criminal Procedure).

The person convicted, his statutory agent or spouse.

In the case of death of the person convicted, his spouse, direct blood relatives, collateral blood relatives within the third degree of kinship, relatives by marriage within the second degree of kinship, his parents or family members.

In addition to filing an application with the court on their own, the applicant may file the written petition with the prosecutor of this Branch.

Copy of the original judgment, and the relating evidence.

After the judgment is finalized, a motion for retrial on the grounds of failure in considering the material evidence in accordance with Article 421 of the Code of Criminal Procedure may be filed within 20 days after the judgment is served.

On-demand service

1. The prosecutor shall review whether the motion for retrial exceeds the statutory period and is obviously meritless.

2. The prosecutor shall prepare and file the written retrial petition to the court when considering the motion meritorious as a result of the review. If found meritless or overdue, the motion shall not accepted and the original applicant shall be notified accordingly.

Motion for retrial (II)

Motion for retrial is filed against the interests of the person convicted after the judgment is finalized. (Articles 422 of the Code of Criminal Procedure).

Complainant or victim

File a written petition with the prosecutor of this Branch.

Copy of the original judgment, and the relating evidence.

On-demand service

1. The prosecutor shall review whether the motion for retrial exceeds the statutory period and is obviously meritless.

2. The prosecutor shall prepare and file the written retrial petition to the court when considering the motion meritorious as a result of the review. If found meritless or overdue, the motion shall not accepted and the original applicant shall be notified accordingly.

Application for a certificate of completion of execution.

The case number, cause of action and the fact that execution of the sentence has been completed should be specified in the certificate.

The sentenced person

1. Written pleading

2. Verbal statement

3. Telephone call

Documents proving completion of execution

Execution completed.

Handled at any time.

The certificate shall be issued after review of case materials.

Application for bail refund

The case has been concluded, or execution instruction has been made, or execution has been completed.

1. Payer of the bail (If the case is finalized or the execution has been completed, generally the bail shall be refunded directly without an application.)

2. Heirs of deceased payer

1. Written pleading

2. Verbal statement

3. Telephone call

Copy of the receipt of bail paid.

After the case is concluded, or execution instruction has been made, or the execution has been completed.

Handled at any time.

1. A receipt of bail refund shall be filled out upon completing review, and the applicant shall be notified to receive the refund.

2. If the bail was paid to the court, a request for bail refund shall be given to the court in writing, and copy of the request to the applicant.

Application for return of evidence or seized items

The case has been concluded,  or the execution has been completed.

1. Owner or provider

2. Heirs to property

1. Written pleading

2. Verbal statement

3. Telephone call

Supporting documents

After the case is concluded, or execution instruction has been made, or the execution has been completed.

Handled at any time.

The prosecutor shall give a notice of return upon completing review.

Application for the criminal sanction that should be executed.

Application for the criminal sanction that should be executed in regard to a combined sentence for multiple offenses.

1. The sentenced person

2. Statutory agent

3. Spouse

Written pleading

An authenticated copy of the judgment

After the judgment is finalized but before execution is completed.

Handled at any time.

Upon completing review as required by law and confirming the case meets the requirements of Articles 50 and 51 of Criminal Code, the prosecutor shall apply the court to determine the criminal sanction to be executed.

Application for commutation to fine

Application for commutation to fine may be filed providing that the criminal sanction for the case is set forth in the written judgment to be “commutable to a fine.”

In principle the application shall be filed by the sentenced person in person. In exceptional cases, the application may be filed by a statutory agent, spouse or a relative.

Oral application is required and shall be made by the applicant in person to the case officer at the Prosecutors Office on the designated date.

Identity documents

After the judgment is finalized but before execution is completed.

Handled at any time.

The prosecutor shall approve the application that is considered to be in compliance with the regulations.

Application for suspension  (postponement) of execution

Application for suspension (postponement) of execution of punishment may be made in one of the following circumstances: 1. Insanity; 2. More than 5 months of pregnancy; 3. Just delivered in less than 2 months; 4. Currently suffering a disease and the execution may threaten his life.

1. The sentenced person

2. Statutory agent

3. Spouse

4. Relatives

5. Interested party

A written petition should be filed.

Relevant supporting documents

After the judgment is finalized but before execution is completed.

On-demand service

The prosecutor shall review whether the application complies with the provisions of Article 467 of the Code of Criminal Procedure and shall respond to the applicant in writing.

Application to cancel a circular order

The wanted person has appeared to perform the sentence, or there are other reasons for the cancellation of the circular order.

1. The wanted person;

2. Statutory agent;

3. Spouse;

4. Relatives;

5. Interested party.

Submit a written petition, or make a verbal application during the  prosecutor's investigation and questioning  which shall be made a matter of record..

1. Documents proving the completion of execution or certificate of case closure.

2. Proof of the reasons for cancellation of the circular order (for example: death, military service, serving time in prison for  another case, etc.)

After the execution is completed, or when the reason for the issuance of the circular order to arrest no longer exists.

Handled immediately.

When the prosecutor’s examination shows that a circular order to arrest is unnecessary or that the reason for the issuance of a circular order to arrest no longer exists, the order shall be canceled immediately.

Application for executing the sentence of imprisonment.

The convicted accused of the finalized judgment applies to perform the sentence.

The person convicted

Written pleading

1. Authenticated copy of the written judgment

2. Identity documents

After the judgment is finalized.

Handled immediately.

Upon completing review of all the information, the prosecutor shall send the convicted person to perform the sentence of imprisonment in accordance with law.

Application for information about case progress

Find out the case handling situation

Complainant or the accused

1. File a written petition;

2. Telephone call.

Documents proving that the applicant is the complainant or the accused.

After the case is accepted and before the case is concluded by this Branch

On-demand service

1. For the case not being concluded, the prosecutor shall consider the necessity and determine to reply in writing or reserve the application to  the case dossier.

2. For the concluded case, the  prosecutor shall give a reply in writing.

Application for change of place of service

Change of place of service of process.

Litigation parties or parties involved.

1. If a written petition is submitted, the case number and the sub-division name shall be specified.

2. On the occasion of trial, a party may request the change by a verbal statement of which record shall be made.

The address of the place of service as changed.

Application may be made at any time after change of the place of service.

On-demand service

After the prosecutor receives the application, all the documents to be served shall be served to the new address.

Apply to summon witnesses and expert witnesses.

The complainant or the accused may apply to summon relevant witnesses or expert witnesses for his/her own interests or for the purpose of facilitating investigation of the case.

Complainant or the accused

1. If a written petition is submitted, the case number and the sub-division name shall be specified.

2. On the occasion of trial, a party may request the change by a verbal statement of which record shall be made.

1. Personal information of the witnesses and expert witnesses including full name, age and domicile.

2. Principal facts of the case to be testified or identified.

After the case is accepted and before the case is concluded.

On-demand service

The prosecutor shall take the full contents of application into consideration and handle the application as necessary.

Application for change of the proceeding date

Expected failure in appearance in court on the designated date in response to the prosecutor’s summons, and necessary change of the proceeding date.

The summoned person.

The application should be made in writing with the case number and the sub-division name being specified.

Statement of reasons for the change or certificate of necessary change of the proceeding date.

Application should be filed prior to the proceeding date.

Application shall be accepted at any time.

Upon completing review which demonstrates it necessary for the change of date, the prosecutor shall arrange for issuance of a new summons at another date.

Application for withdrawal of reconsideration of a ruling

Application for  withdrawal of the former motion of reconsideration of a ruling.

Complainant or the accused

Application should be made in writing.

A written pleading which specifies the principal points of withdrawal of the former motioned reconsideration.

Application shall be filed after the motion of  reconsideration and before conclusion of the case.

Handled at any time.

1. If the case is under review by this Branch, the written petition for withdrawal shall be attached to the case dossier for reference.

2. If the case dossier has not been forwarded to this Branch, the written petition for withdrawal shall be sent to and handled by the original Prosecutors Office.

Other litigation applications made by the complainant, victim, the accused or other interested parties with respect to the case, requiring responses in writing

Circumstances that the applicant deems necessary in relation to the litigation.

1. Complainant;

2. Victim;

3. The accused;

4. Interested party.

Application should be made in the form of written pleading.

Statement of the principal points of the application.

Application should be mad before and after  conclusion of the case.

Handled within 10 days following the date of receipt of the written petition.

The application, which needs to be processed or given a response as  the prosecutor considers, shall be duly processed, and the applicant and relating parties shall be informed accordingly.

Application for  cancellation or suspension of detention

Application for cancellation or suspension of detention of the accused.

1. The accused;

2. Defense attorney;

3. Assistant (the accused’s spouse, direct or collateral blood relative within the third degree of kinship, parents, family member, or the accused’s statutory agent)

Submit a written petition, or, where summoned, make a verbal application during the prosecutor’s investigation and questioning, which shall be made a matter of record.

1. Proof of bail;

2. Reasons for submitting the application for the cancellation or suspension of detention.

Application shall be submitted after the detention and before the trial.

On-demand service

1. If the public prosecutor finds that the application is justified, the public prosecutor may directly cancel the detention or apply to the court for bail, or order or restrict residence to allow the detention to be terminated.

2. If the application is not approved, if it is made during the court session, the public prosecutor will give an oral reply. If it is a written petition, the public prosecutor will notify the reason for the disapproval within10 days from the day after receiving the petition.

3. If the case has been filed and sent to the court for trial, the public prosecutor will send a letter to the court for review and handling and notify the applicant.