[Legal Life] Ch. 9 Summary Judgment Procedure: Is It Really That Simple?

Upon his attorney's advice, Chün-ming tried to negotiate a suspension of prosecution with the prosecutor, but unfortunately, it failed. The prosecutor believed the evidence that Chün-ming ran over and killed the elderly woman was clear and was about to file a public prosecution in court. At this point, the attorney told Chün-ming, "How about we try the 'summary judgment procedure'?" "What on earth is that?" Chün-ming asked... 

Generally speaking, after a criminal case is prosecuted by a prosecutor and enters the court, the court must conduct the trial according to the so-called "ordinary trial procedure." This means all parties must sit inside the courtroom and follow the standard rules of the Code of Criminal Procedure—such as evidence investigation, cross-examination, and oral arguments. However, for minor cases, using a sledgehammer to crack a nut makes the "ordinary trial procedure" relatively wasteful of time and judicial resources. 
Therefore, to save scarce litigation resources, the Code of Criminal Procedure established the "summary judgment procedure" for minor offenses. Just like yoyodiy, it "bypasses" the ordinary trial procedure, cutting out many elements of ordinary proceedings to allow cases to be resolved swiftly, sparing parties from having to go to court day and night, and simplifying the content of the judge's written judgment. This saves both time and effort. 

Requirements for Summary Procedure 

According to Article 449 of the Code of Criminal Procedure, the requirements for summary procedure are as follows: 

1. Based on the defendant's confession or existing evidence, there is sufficient ground to find the defendant guilty.
2. The crime committed by the defendant must be limited to a minor offense, because the court may only sentence the defendant to imprisonment for a limited term, detention, or a fine, provided that a suspension of sentence, commutation of imprisonment to a fine, or commutation to community service is applicable.

How Does One Initiate a Summary Judgment Procedure?

It's simple: walk up to the courthouse, shout "Open sesame, summary judgment!", and the bailiff will come out and scold you.

According to the Code of Criminal Procedure, there are two ways to initiate a summary judgment procedure:

1. Prosecutor's Motion

   According to Paragraph 1 of Article 451 of the Code of Criminal Procedure, when a prosecutor considers a case to meet the requirements for summary judgment procedure, they may directly file a written motion with the court. Additionally, pursuant to Paragraph 4 of Article 451 of the Code of Criminal Procedure, the defendant may also ask the prosecutor to file a motion with the court for summary judgment procedure, but the ultimate decision rests with the prosecutor. In other words, the prosecutor can say no, and in that case, the defendant can only cry in the dark.

2. The Court

   Alternatively, even if the prosecutor directly prosecutes the case and the defendant confesses and pleads guilty in court, the court may directly enter into the summary judgment procedure in accordance with Paragraph 2 of Article 449 of the Code of Criminal Procedure.

Can I Negotiate with the Prosecutor to Request a Summary Judgment Procedure?

Yes. According to Paragraph 1 of Article 451-1 of the Code of Criminal Procedure, if the defendant confesses to the crime during the investigation, they may indicate to the prosecutor the scope of sentencing they are willing to accept or their willingness to accept a suspended sentence. If the prosecutor agrees, the prosecutor shall make a record of it and, based on the defendant's expression, petition the court for a specific sentence or a suspended sentence. The court shall, as a general rule, render its judgment within the scope requested by the prosecutor. 

Of course, for the protection of the victim and pursuant to Paragraph 2 of Article 451-1 of the Code of Criminal Procedure, the prosecutor may consult the victim's opinion beforehand. Furthermore, the prosecutor may, taking into consideration the circumstances and upon obtaining the victim's consent, require the defendant to apologize to the victim or pay a certain amount of compensation. 

So, What Happens After the Summary Judgment Procedure is Initiated? 

The procedure for summary judgment is extremely simple (needless to say, since it's called "summary," could it be difficult?). Once the summary judgment procedure is initiated, the court generally adopts a written review; the defendant is not required to appear in court unless necessary, and can simply sit comfortably at home waiting for the written judgment. 

According to Article 453 of the Code of Criminal Procedure, once the summary judgment procedure is entered, the court must dispose of the case promptly without dragging its feet. As for the judgment result, pursuant to Paragraph 3 of Article 449 of the Code of Criminal Procedure, it must be imprisonment for a limited term, detention, or a fine, which "may be granted a suspension of sentence," "may be commuted to a fine," or "may be commuted to community service." 

While the outcome of a summary judgment procedure is relatively lenient and typically avoids imprisonment, according to the Code of Criminal Procedure, the result of a summary judgment procedure is invariably a "guilty verdict." In other words, even without going to prison, one will still have a criminal record (commonly known as a "criminal record"). Therefore, if you believe you are innocent, you should think carefully and avoid hastily choosing to pursue a summary judgment procedure. 

Related Legal Provisions

Code of Criminal Procedure

Article 31
I. Under any of the following circumstances, where no defense counsel has been retained during the trial, the presiding judge shall assign a public defender or an attorney to represent the defendant:
1. Cases carrying a minimum statutory punishment of imprisonment for three years or more.
2. Cases of first instance under the jurisdiction of the High Court.
3. Where the defendant is unable to make a complete statement due to mental impairment or other mental defects.
4. Where the defendant is of Indigenous status and has been prosecuted or tried through ordinary procedures.
5. Where the defendant is a low-income or lower-middle-income household member and applies for assignment of counsel.
6. In other trial cases where the presiding judge deems it necessary.
II. Where the defense counsel selected in the cases of the preceding paragraph fails to appear at the trial date without justifiable reason, the presiding judge may assign a public defender or an attorney.
III. Where there are multiple defendants, one counsel may be assigned for them. However, this shall not apply when the interests of the respective defendants are conflicting.
IV. After a defense counsel has been assigned, if an attorney is retained as defense counsel, the assignment of counsel may be revoked.
V. Where a defendant or criminal suspect is unable to make a complete statement due to mental impairment or other mental defects, or is of Indigenous status, and no defense counsel has been retained during the investigation, the prosecutor, judicial police officer, or judicial police shall notify a legally established legal aid organization to assign an attorney to appear and defend them. However, if the defendant or criminal suspect actively requests immediate questioning or inquiry, or if the attorney fails to appear after waiting for more than four hours, the questioning or inquiry may proceed directly.

Article 449
I. Where the court of first instance finds that the defendant's guilt is sufficiently established based on their confession during the investigation or other existing evidence, it may, upon the prosecutor's motion and without going through the ordinary trial procedure, directly render a summary judgment. However, when necessary, the defendant shall be interrogated before the disposition is rendered.
II. Where a prosecutor prosecutes a case referred to in the preceding paragraph through ordinary procedures, and the defendant confesses to the crime, the court, if it deems summary judgment appropriate, may directly render a summary judgment without going through the ordinary trial procedure.
III. The punishment imposed pursuant to the preceding two paragraphs shall be limited to imprisonment for a limited term, detention, or a fine, for which a suspension of sentence, commutation to a fine, or commutation to community service may be declared.

Article 449-1
Summary procedure cases may be handled by summary divisions.

Article 450
I. When rendering a summary judgment, confiscation or other necessary dispositions may be concurrently ordered.
II. The provisions of the proviso of Paragraph 1 of Article 299 shall apply mutatis mutandis to the preceding judgment.

Article 451
I. A prosecutor who, after considering the circumstances of the case, deems it appropriate for summary judgment shall immediately file a written motion.
II. The provisions of Article 264 shall apply mutatis mutandis to the motion of the preceding paragraph.
III. The motion under Paragraph 1 shall have the same effect as a prosecution.
IV. A defendant who confesses during the investigation may request the prosecutor to file the motion referred to in Paragraph 1.

Article 451-1
I. In cases under Paragraph 1 of the preceding article, a defendant who confesses during the investigation may indicate to the prosecutor their willingness to accept a specific scope of sentencing or a suspended sentence. If the prosecutor agrees, it shall be recorded in the minutes, and the prosecutor shall, based on the defendant's indication, petition the court for sentencing or request a suspended sentence.
II. Before making the sentencing petition or request referred to in the preceding paragraph, the prosecutor may consult the victim's opinion and, taking into consideration the circumstances and upon the victim's consent, order the defendant to perform the following items:
1. Issue an apology to the victim.
2. Pay a corresponding amount of compensation to the victim.
III. Where a defendant confesses to the crime but has not made the indication referred to in Paragraph 1, they may make such indication to the court during the trial, and the prosecutor may also petition the court for sentencing or request a suspended sentence based on the defendant's indication.
IV. In the circumstances of Paragraph 1 and the preceding paragraph, the court shall render judgment within the scope of the prosecutor's sentencing petition or request for suspended sentence, except under any of the following circumstances:
1. Where the crime committed by the defendant does not fall under cases eligible for summary judgment as provided in Article 449.
2. Where the criminal facts ascertained by the court are obviously inconsistent with the facts upon which the prosecutor based the request for punishment, or where other criminal facts constituting a single offense under law are discovered during the trial, sufficient to show that the prosecutor's sentencing request is clearly inappropriate.
3. Where the court, after review, deems it appropriate to render a judgment of acquittal, dismissal of prosecution, dismissal of action, or lack of jurisdiction.
4. Where the prosecutor's request is clearly inappropriate or manifestly unfair.

Article 452
Where the court deems that a case in which a prosecutor has moved for summary judgment falls under any of the circumstances of the proviso of Paragraph 4 of Article 451-1, it shall try the case in accordance with ordinary procedures.

Article 453
For cases subject to summary judgment, the court shall dispose of them promptly.