The Legislative Court will.

(Photo by reporter Xie Junlin)

[Reporter Xie Junlin/Taipei Report] The Legislative Yuan will pass the "Criminal Procedure Law Amendment" for the third reading today (15th). The circumstances of the defense.

The article on the third reading states that if the subject is mentally disabled or has other mental defects that cannot be fully stated, there should be a defender to defend him; through this revision of the law, the protection of the procedural rights of security measures is improved.

This amendment is based on the Interpretation No. 799 issued by the Judicial Yuan at the end of December 2020, stating that the "Criminal Procedure Law" and the "Law on the Prevention and Control of Sexual Assault Crimes" do not stipulate that the punished person should be empowered to apply for or stop the compulsory treatment process in court. , have the opportunity to present opinions in person or by appointing a defender in court, and if the person being treated cannot make a complete statement because of a mental disorder or other mental defect, a defender should defend him.

Please read on...

The key points of the amendment include distinguishing the types of security measures according to the degree of restriction of personal freedom.

Sanctions that restrict personal freedom, such as: permission to extend guardianship, imposing compulsory treatment, revoking protective restraint to implement the original punishment, etc.

Sanctions that do not restrict personal freedom include: exemption from execution, suspension of compulsory treatment, protection and restraint, and exemption from execution due to security measures.

The article on the third reading also adds the circumstances under which the defense should be compulsory, and provides for the use of assistants. If the subject is mentally disabled or has other mental defects and cannot make a complete statement, there should be a defender to defend him; If there are obstacles that make it impossible to make a complete statement, a public defender or lawyer should be appointed to defend him.

The new law also stipulates that for adjudication procedures involving restrictions on personal freedom and security measures, the subject should be summoned, and the prosecutor, defender, and assistant should be notified and given the opportunity to express their opinions.

In addition, defenders may review files and evidence and may transcribe, remake, or take photographs when approving applications for extended guardianship, compulsory treatment, removal of protective restraint, and restriction of personal freedom.