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What is the citizen judges system?

Incorporating diverse perspectives and experiences of the citizen into the trial will help the judicial decision become more comprehensive.

The citizen judges system comprises people from all walks of life, sitting next to judges to make decisions together.

Despite lacking legal background, the citizen judges will bring their unique life experiences, values, and sentiments into the trial. With their participation, we can expect a more transparent judiciary where the judicial expertise converses with society. In addition, a mutual understanding between the court and the general public can be reached with constant communication and reflection.

The citizen judges selection process

Who can be a citizen judge?

There are three required qualifications,
six disqualifying factors
Ensuring an impartial trial that protects the rights and interests of all parties.

“Those meeting three qualifications have the opportunity to be a citizen judge
Must be：
23
or older
Be a citizen of the
Republic of China
Have lived in the ruling court’s jurisdiction for at least
4 months*For example, the jurisdiction of Taiwan Chiayi District Court includes Chiayi City and Chiayi County
“But those who fall into one of the following six situations will disqualify themselves from being a citizen judge.
Personal factors
Has been disposed adversely in a crime and a certain period has not elapsed or deprived of their citizen's rights.
Physical or mental factors
Being subject to court-ordered guardianship / assistance due to a mental condition that makes interpersonal communication impossible/difficult.
Educational threshold
Having not completed compulsory education
Case related
Having a certain relationship with the defendant or victim in the case concerned
Incapacity for impartiality
Provided concrete evidence that their performance can't expect to be fair and impartial.
Occupational factors
Having a special professional background such as in law, politics, the military or policing, among other fields.

How are citizen judges chosen?

Four stages of selection to choose the most impartial candidates serving as citizen judges.
Age, occupation, identity, and the duration of residency are all taken into consideration to determine the eligibility as a citizen judge.Aside from random selection, a candidate must also possess certain qualifications, and must not meet disqualifying conditions.

Preliminary roster

Second-
round roster

Prospective
citizen
judges

The
designation
of a citizen
judge

  • Randomly selected
  • Local government generates a list of individuals who meet certain criteria
  • A review committee is formed
  • All those who do not meet legal qualifications are eliminated from the list
  • The district court notifies those qualified they may have a chance to serve as citizen judges the following year
  • After the court accepts the case, a given number of citizen judge candidates are randomly selected from the second-round roster (For example, 50 people may be selected)
  • The selected are notified of the selection date(those who show evidence of ineligibility or provide a valid reason for refusing to participate in the case, are not required to show up at court)
To question the candidates on the selection date
Outcome 1 The candidate is deemed unsuitable.
Outcome 2 The candidate is qualified, but has the right to refuse to serve, and exercises that right. The candidate is unsuitable for appointment as a citizen judge.
Outcome 3 The candidate is qualified and is chosen to serve. The candidate is appointed as a citizen judge.

The rights and protections of a citizen judge

  • 1
    Citizen judges receive full protection
  • Protection

    active and alternative citizen judges are subject to all necessary protective measures.

  • Confidentiality

    no one shall disclose the personal information of active, alternative or prospective citizen judges.

  • Safety

    punishment for crimes committed against citizen judges is weighted 50% heavier.

  • Official leave

    citizen judges must be allowed to take official leave from their regular occupations, and employers may not take any unfavorable actions against them for doing so.

  • Subsidies

    daily fees, travel expenses and other necessary fees will be subsidized according to the number of days in court.

  • 2
    The right of citizen judges to perform their duties will be guaranteed
  • Independence

    citizen judges may exercise their functions and powers independently, in accordance with the law, without any interference. Unless otherwise provided in the Citizen Judges Act, the authority of a citizen judge is the same as that of a Judge.

  • Impartiality

    those found bribing citizen judges may be subject to between one and seven years imprisonment, and fined up to NT$1 million.

  • Proper assistance

    authorities must ensure that citizen judges understand the trial process, and can independently state their opinions, engage in full discussion with other judges in the trial, and make independent judgments.

Trial procedures in cases with citizen judges

What are citizen judges required to do?

Can I be a good citizen judge？

  • Hearing

    sit on the bench alongside judges, and participate in the entire trial

  • Interrogation

    engage in supplementary interrogation and inquiry of the defendant, victim, witnesses and experts in a case

  • Conviction

    determine, together with the judges, whether the defendant is guilty, and what their charges

  • Sentencing

    work with the judges to determine sentencing in the event of a conviction

Participation in trials

Can I be a good citizen judge?

In what types of cases would a citizen judge participate in the trial?

• Crimes with a minimum sentence of 10 years imprisonment (such as robbery with rape/rape accompanied the robbery)

• Crimes involving intentional behavior that results in death (such as a fatal accident caused by driving under the influence of alcohol)

• Excluded cases: cases involving juvenile offenses, or violations of the Narcotics Hazard Prevention Act

The trial process

For citizen judges, just take it in stride and do it step by step
The court should get prepared and let citizen judges know what they have to do

Preliminary proceedings
Before the formal start of the trial, statements are sorted out into issues. The prosecutor and the defense attorney then engage in the investigation of evidence, and the court plans the trial, including estimating the number of trial days.
Selection procedures
Citizen judges who will participate in the trial are chosen.
Affirmation procedures
The citizen judges swear that they will hear the case with honesty and impartiality, according to the law
(thus, the job of the citizen judges begins).
Pre-trial explanation
The presiding judges explain the legal principles and trial procedures to the citizen judges.
Start of trial
The clerk announce the offense charged, the prosecutor summarizes the indictment, and the judges inform the defendant of their rights.
Opening statements
The prosecutor and defense attorney explain the evidence they will use to support their respective claims.
Independent review of evidence by each party
The prosecutor and defense attorney present evidence (including witness, expert witness, documentary evidence, and physical evidence) to support their claims.
Oral argument
The prosecutor and defense attorney debate about whether the defendant is guilty, what offenses they have committed, and how they should be sentenced. The victim or their family members make a statement, which is followed by a statement from the defendant.
Final deliberation
Ruling made after deliberation between presiding judges and citizen judges.
Declaration of verdict
(The job of the citizen judges is over)

How is a judgment formed?

Your participation matters.
A guilty verdict cannot be reached without consent between citizen judges and judges.

Who are involved in the ruling？How many people are there in total？
In total there are nine people：six citizen judges and three judges
Guilty or not guilty？Who has the final say？
A guilty verdict requires six or more votes for support. Also, it must contain assent votes from both citizen judges and judges.
How is sentencing determined?
Sentencing(except for death penalty)：must be approved by at least five votes.
Death penalty：must be approved by at least six votes.
The sentencing decision will stand when each side(citizen judges and judges) has at least one member supporting the decision.