[Legal Life] Ch20 The Outcome of Summary Judgment Procedures Is Not So Simple—Can I Appeal?

Let us continue following Chün-ming, who was involved in a traffic accident. After accepting the summary judgment procedure, he waited at home day after day until, finally, the judgment document arrived in the mail.

Opening the judgment document, Chün-ming was dumbfounded: a sentence of 3 months' imprisonment with the option of a fine in lieu of custody. With such a severe penalty, what happened to the promised suspended sentence? Recovering his wits, Chün-ming immediately picked up the phone to call his lawyer, complaining about the heavy sentence and asking whether an appeal was possible...

In general criminal cases, if one is dissatisfied with the judgment result, as a matter of principle, an appeal can be lodged with a higher court. That is to say, if dissatisfied with the judgment of a district court, one can appeal to the High Court in search of a chance to "overturn the case." This is precisely what happens when lawyers or prosecutors on social news programs state to the cameras, "I will definitely appeal this case."

So, in cases handled through summary judgment, after the defendant receives the judgment result, can they appeal if they are dissatisfied? The answer is of course yes, otherwise this article could just end right here.

According to Article 449, Paragraph 3 of the Code of Criminal Procedure, the outcome of a summary judgment is limited to the imposition of a suspended sentence, imprisonment or detention eligible for a fine in lieu of custody or community service in lieu of custody, or a fine. In other words, the court can only render a guilty verdict in summary judgment cases. Furthermore, the sentencing outcome is restricted to these relatively lenient penalties—namely, "suspended sentences, imprisonment, detention, or fines eligible for commutation into fines or community labor." What this provision means is that the court's judgment can only fall into one of the following four categories:

1. Suspended sentence: Imposing imprisonment of two years or less, detention, or a fine, while simultaneously granting a suspension under Article 74 of the Criminal Code. This means execution is deferred, and the defendant does not have to go to prison or pay the fine immediately.
2. Imprisonment or detention eligible for a fine in lieu of custody: The crime committed by the defendant must carry a statutory maximum punishment of five years' imprisonment or less, and the court must have sentenced the defendant to six months or less of imprisonment or detention. In other words, if sentenced to more than six months of imprisonment, it is game over (QQ).
3. Imprisonment or detention eligible for community service in lieu of custody: Similar to a fine in lieu of custody, except the defendant performs community service instead (see Article 41 of the Criminal Code for details).
4. Fine: The defendant is only ordered to pay a monetary penalty rather than serving a prison term.

According to Article 455-1, Paragraph 1 of the Code of Criminal Procedure: "Any person dissatisfied with a summary judgment may appeal to the jurisdictional panel of judges at the second-instance district court."

Once the summary judgment procedure is chosen, as a principle, one no longer needs to make court appearances and simply waits at home for the district court to mail the judgment. If dissatisfied with the outcome, an appeal can generally be lodged to the second instance (for exceptions, see below). However, the jurisdiction remains with the district court, though the appeal will now be heard by a collegiate panel composed of three judges (whereas the initial summary judgment required only a single judge). One cannot be deprived of the right to appeal merely due to the streamlined procedures of a summary judgment.

What Happens After an Appeal?

In the second instance following an appeal, the procedure reverts to the ordinary procedure. This means that all parties to the litigation must appear in court, and all procedures mandated by the Code of Criminal Procedure must be duly followed. It is no longer a matter of sitting at home waiting for the court to mail judgments without having to do anything.

Can There Be a Further Appeal to a Third Instance?

The Code of Criminal Procedure does not explicitly state this, but pursuant to Article 455-1, Paragraph 3 of the Code of Criminal Procedure, appeals in summary procedures only準用 (apply mutatis mutandis) second-instance provisions and do not apply third-instance provisions. Moreover, under Article 375 of the Code of Criminal Procedure, only judgments from the High Court may be appealed to the Supreme Court; judgments rendered by a district court collegiate panel cannot be appealed to the Supreme Court. Therefore, as a rule, a second-instance judgment rendered by a district court collegiate panel on a summary judgment appeal cannot be appealed any further. In other words, the litigation concludes right here when this judgment is handed down. However, the exception is that if the second-instance district court collegiate panel unexpectedly reverses the original judgment and acquits the defendant, the original summary judgment must be revoked and retried, evolving into a first-instance judgment under ordinary procedures-(no candy needed)-. In such cases, the prosecutor may file a "second-instance" appeal to the High Court.

Can All Summary Judgments Be Appealed?

The answer to this question is No. (If it were Yes, this article could end right here too~) According to Article 455-1, Paragraph 3 of the Code of Criminal Procedure, if the summary judgment resulted from a situation where the defendant made a full and unreserved confession and proactively bargained, stating they were willing to accept a specific degree of punishment, then words must be kept. The defendant can only receive sympathy (QQ) and cannot appeal.

What Kind of Bargaining? All-in Style?

Pursuant to Article 451-1 of the Code of Criminal Procedure, if a defendant not only confesses to the crime but also discloses the extent of punishment they are willing to accept, showing sufficient sincerity, and the prosecutor agrees, a record shall be made, and the prosecutor shall petition the court for sentencing or a suspended sentence based on the defendant's representation. Alternatively, after being prosecuted, the defendant may make the same proposition to the court, and the prosecutor may similarly request sentencing within that range. The court should then render its judgment in accordance with this mutually negotiated outcome.

Of course, if the court discovers that the defendant's offense does not meet the requirements for summary judgment, or that the defendant should not be found guilty, then the court may disregard the negotiated outcome and handle the matter independently.

Therefore, once the court renders judgment in accordance with the outcome negotiated between the defendant and the prosecutor, the defendant must simply swallow the result (after all, it was negotiated between themselves and the prosecutor—if you aren't happy with it, don't bargain) and cannot appeal further.

Reference Provisions

Article 41 of the Criminal Code
I. For an offense punishable by a statutory maximum punishment of imprisonment for five years or less, if the offender is sentenced to imprisonment or detention for six months or less, such sentence may be commuted into a fine calculated at NT$1,000, NT$2,000, or NT$3,000 per day. However, this shall not apply where commutation into a fine fails to achieve correctional purposes or makes it difficult to maintain legal order.
II. Where a sentence is eligible for commutation into a fine pursuant to the preceding paragraph but no application for such commutation is made, the sentence may be commuted into community service calculated at six hours of community service per day (see Article 41 of the Criminal Code for details).
Where a sentence of imprisonment or detention for six months or less does not meet the provisions for commutation into a fine under Paragraph 1, it may be commuted into community service pursuant to the conversion provisions of the preceding paragraph.
III. The provisions of the preceding two paragraphs shall not apply where execution is manifestly difficult due to physical or mental health reasons, or where community service fails to achieve correctional purposes or makes it difficult to maintain legal order.
IV. The execution period for community service under Paragraphs 2 and 3 shall not exceed one year.
V. Where a person fails to perform community service without justifiable cause under circumstances of a serious nature, or still fails to complete the service upon the expiration of the performance period, the originally pronounced sentence or fine shall be executed in cases under Paragraph 2; the originally pronounced sentence shall be executed in cases under Paragraph 3.
VI. Fines already paid or hours of community service already performed shall be converted into days according to the prescribed standards, and any period of less than one day shall be counted as one day.
VII. The provisions of Paragraphs 1 to 4 and Paragraph 7 shall also apply where concurrent offenses are sentenced and all such offenses are eligible for commutation into fines or community service, provided that the total executed sentence exceeds six months.
VIII. Where concurrent sentences to be executed are commuted into community service, the execution period shall not exceed three years. However, if the sentence to be executed does not exceed six months, the execution period shall not exceed one year.
IX. Where concurrent sentences to be executed are commuted into community service and fall under the circumstances of Paragraph 6, the designated executed sentence shall be executed; where all concurrent offenses are eligible for commutation into fines, commutation into fines may alternatively be applied.

Article 74
I. A person sentenced to imprisonment for two years or less, detention, or a fine may be granted a suspended sentence of not less than two nor more than five years, with the probation period commencing from the date the judgment becomes final, if they meet one of the following conditions and the court deems that the suspension of execution is appropriate:
1. Has not previously been convicted of an intentional crime resulting in a sentence of imprisonment or higher.
2. Having previously been convicted of an intentional crime resulting in a sentence of imprisonment or higher, has not been convicted of another intentional crime resulting in a sentence of imprisonment or higher within five years after the completion or pardon of the execution of such sentence.
II. The grant of a suspended sentence may, taking into consideration the circumstances, order the offender to comply with any of the following matters:
1. Apologize to the victim.
2. Write a letter of remorse.
3. Pay a fair amount of financial or non-financial compensation for damages to the victim.
4. Pay a specified amount of money to the public treasury.
5. Perform compulsory labor of not less than 40 hours and not more than 240 hours for a designated government agency, government institution, administrative法人 (juridical person), community, or other organization or group meeting public interest purposes.
6. Complete addiction treatment, psychiatric treatment, psychological counseling, or other appropriate treatment measures.
7. Necessary orders to protect the safety of the victim.
8. Necessary orders to prevent recidivism.
III. The circumstances in the preceding paragraph shall be noted in the judgment document.
IV. Paragraph 2, Subparagraphs 3 and 4 may serve as a title for civil compulsory execution.
V. The effect of a suspended sentence does not extend to accessory punishments, security measures, and orders of confiscation.

Code of Criminal Procedure
Article 451-1
I. For cases under Paragraph 1 of the preceding article, if the defendant confesses during the investigation, they may indicate to the prosecutor their willingness to accept sentencing within a certain scope or willingness to accept a suspended sentence. If the prosecutor agrees, it shall be recorded in the transcript, and based upon the defendant's representation, the prosecutor shall petition the court for sentencing or a suspended sentence.
II. Before making a petition for sentencing or a suspended sentence under the preceding paragraph, the prosecutor may consult the victim's opinions and, taking the circumstances into consideration and with the victim's consent, order the defendant to perform the following matters:
1. Apologize to the victim.
2. Pay a fair amount of compensation to the victim.
III. If the defendant confesses to the crime but has not made the representation under Paragraph 1, they may do so to the court during trial, and the prosecutor may likewise petition the court for sentencing or a suspended sentence based on the defendant's representation.
IV. In circumstances under Paragraph 1 and the preceding paragraph, the court shall render judgment within the scope of the prosecutor's petition for sentencing or a suspended sentence, except under any of the following circumstances:
1. The offense committed by the defendant does not meet the cases prescribed in Article 449 which are eligible for summary judgment.
2. The facts of the crime ascertained by the court are manifestly inconsistent with the facts upon which the prosecutor based the petition for punishment, or during the trial other facts of a crime constituting a single offense under substantive law are discovered, sufficient to render the prosecutor's petition manifestly inappropriate.
3. The court, after trial, deems it appropriate to render a judgment of acquittal, dismissal of prosecution, refusal to entertain, or lack of jurisdiction.
4. The prosecutor's petition is manifestly inappropriate or manifestly unfair.

Article 455-1
Any person dissatisfied with a summary judgment may appeal to the jurisdictional panel of judges at the second-instance district court.
A judgment of punishment rendered pursuant to a petition under Article 451-1 shall not be appealed.
An appeal under Paragraph 1 shall mutatis mutandis apply the provisions of Book III, Chapter I and Chapter II, excluding Article 361.
Any person dissatisfied with a ruling rendered in a summary procedure case may interlocutorily appeal to the jurisdictional panel of judges at the second-instance district court.
The interlocutorily appeal under the preceding paragraph shall mutatis mutandis apply the provisions of Book IV.