_yuan0005 | dated 30 July 2021, by Rene Helmerichs
List of Pages at: http://p1.rene.guru
中華民國 | Taiwan
Tainan District Court case "108年度易字第1170號"
Motion to verify missing statements from court hearing record of 13 and 28 July 2021
Article 44-1 of the Criminal Procedure Code
The entire proceeding on the trial date shall be recorded in audio, and if necessary, in video.
If parties, agent, defense attorney, or assistant has suspicion about mistakes or missing in trial records, he may make a motion prior to the next court session, or within seven days thereafter in the case the court argument has been completed, to request the playing of the audio or video records for the purpose of comparing and correcting the contents thereof. With the court's approval, the persons named in the preceding sentence may within the time period specified by the court, reduce the contents of the examination of the accused, private prosecutor, witness, expert witness, or interpreter and their statements to writing, based on the contents of the audio or video records recorded at the trial date, and present them to the court.
The contents of the documents specified in the last sentence of the preceding section, after affirmed by the clerk and deemed to be proper, may be made an appendix to the trial records. In such a case, the provision of Article 48 shall apply mutatis mutandis to it.
According to 《刑事訴訟法》第44-1條, the defendant has a right to make a motion to request the playing of the audio or video records for the purpose of correcting the contents thereof. However, this requires the defendant to receive a copy of the court records in a language which the defendant understands. Since the judges did not allow the court-provided interpreter to translate statements from the judges and prosecutors in the hearing on 13 July 2021, and the judges denied the defendant the oral translation in the following hearing on 28 July 2021, the defendant requests a written copy of the court proceedings of 13 July 2021 and 28 July 2021 in the defendant's native (and only written) language: English.
Judges violated subparagraphs b, d, e and f of item 3 of Article 14 of "International Covenant on Civil and Political Rights" (公民與政治權利國際公約) in both the Criminal trial days on 13 July and 28 July 2021:
(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;
(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
《刑事訴訟法》第44-1條 places a 7-day time-limit on the ability of the defendant to verify that the record is accurate. The defendant is unable to comply with the 7-day statute limit until such time as the defendant receives a translation of statements allegedly spoken in court on 13 July 2021 and 28 July 2021. The fact that the defendant cannot verify the court record because the judges prevented the defendant from receiving an oral translation on the day of the hearing, and subsequently thereafter, directly constitutes a Constitutional violation of conducting a fair and impartial trial.
If the court continues to refuses reasonable requests from the defendant to understand the trial proceedings in English (because the defendant understands almost none of the spoken Chinese statements, and cannot read Chinese at all), then defendant shall be forced to make a public petition to dismiss the proceedings on grounds of supreme bias, an absolute violation of the Criminal Procedure Code 《刑事訴訟法》.
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