Title: Comparative Study on the Change of Accusations by Court between Taiwan and Mainland of China
Abstract: In criminal proceedings,when a has come into procedure of trial,applicable accusation and penalty on defendants by court would be possibly found different from ones prosecuted by procuratorate.Could court change prosecuted accusation and penalty and apply another accusation and corresponding penalty? The change of accusation by court is carried out in Taiwan,which regulates court has right to change accusation on basis of the identity of case and following a complete set of statutory procedures.There have not been relevant specific regulations in mainland of China.Relevant judicial interpretation only affirms right of judge in changing accusation but doesn’t have starting conditions and limits on implementation procedure.There have also been defects in relevant studies.The legislation and theoretical study in Taiwan should be borrowed to improve ours.
Publication Year: 2013
Publication Date: 2013-01-01
Language: en
Type: article
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