Relevant laws of deferred prosecution
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- Last updated：2019-11-28
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The Code of Criminal Procedure
If an accused has committed an offense other than those punishable with death penalty, life imprisonment, or with a minimum punishment of imprisonment for not less than three years, the public prosecutor, after considering the matters specified in Article 57 of the Criminal Code and the maintenance and protection of public interest, deems that a deferred prosecution is appropriate, he may make a ruling to render a deferred prosecution by setting up a period not more than three years and not less than one year thereof, starting from the date the ruling of deferred prosecution is finalized.
The period of statue of limitation shall be discontinued during the period of deferred prosecution.
The provisions of section IV of Article 83 of the Criminal Code shall not apply to the reason for discontinuance specified in the preceding section.
The proviso of section I of Article 323 shall not apply during the period of deferred prosecution.
Note: Articles 1 through 343 were amended lastly on February 6, 2003.
In cases where a disposition of deferred prosecution is issued, the accused may be ordered by the prosecutor to comply with or perform following actions within a certain period of time:
1. Apologize to the victim.
2. Write a penitence letter.
3. Pay the victim an appropriate sum, as compensation for property or non- property damages.
4. Pay a certain sum to the government treasury, a certain ratio of which shall be allocated, by the concerned prosecutors' office, pursuant to the law, to subsidize the relevant public welfare organizations or local self-governing bodies.
5. Provide more than 40 hours and less than 240 hours of voluntary services to government agencies, government organizations, non-departmental public bodies, communities, or other institutions or groups that meet public interest objectives, as designated by the concerned prosecutors' office.
6. Complete addiction treatment, psychotherapy, psychological counseling or other appropriate intervention measures.
7. Comply with the orders as necessary for the protection of the victim's safety.
8. Comply with the orders as necessary for the prevention of recidivism.
The accused must provide consent before a public prosecutor can execute the order for the accused to comply with or perform the actions, as described in subparagraph 3 through subparagraph 6 of the preceding paragraph. The provisions of subparagraph 3 and subparagraph 4 may also be complied in the name of civil compulsory execution.
The circumstances, as referred to in the first paragraph, shall be noted in the written disposition of deferred prosecution.
The time frame, as referred to in the first paragraph, shall not extend beyond the period allowed for deferred prosecution.
The ratio of the sum, expenditure allocation, and supervision management, as described in paragraph 1 subparagraph 4, shall be determined by the Executive Yuan and the Judicial Yuan.
A public prosecutor may, ex officio or based on the application of the complainant, set aside the ruling of deferred prosecution and continue the investigation or initiate a prosecution, if the defendant commits the following during the period set forth for deferred prosecution:
(1) Has intentionally committed an offense punishable with a minimum punishment of imprisonment during the period of deferred prosecution and a prosecution is initiated by a public prosecutor;
(2) Has committed other offense intentionally before deferred prosecution and was sentenced to a minimum of imprisonment punishment during the period of deferred prosecution;
(3) Has failed to comply with or perform the matters specified in the items of section I of Article 253-2.
In case a ruling of deferred prosecution is set aside by the public prosecutor, the accused may not request the refund of or compensation for the part that had already been performed.