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A decision's violation of legal precedents under Article 9, Paragraph 1 of the Criminal Speedy Trial Law does not include violation of relevant legal precedents under Articles 377 through 379 and Article 393, Subparagraph 1 of the Code of Criminal Procedure by the gist of the second instance decision (Taiwan)

January 2018

The Code of Criminal Procedure was amended where a misdemeanor case in which a not-guilty first instance decision is overturned by a second instance guilty decision may be remedied on an exceptional basis by appealing to the third instance court (Taiwan)

January 2018

The period between the date of judgment by a lower court and the date the case becomes pending at a higher court shall be a period in which the statute of limitations continues (Taiwan)

January 2018

If more than three attorneys are retained in an administrative action, such retainer will not be effective, and if the administrative court still renders a substantive adjudication in a lawsuit represented in such manner, this will constitute the scenario where a party to the lawsuit is not legally represented (Taiwan)

December 2017

If a party cites a fact-finding reason in a criminal decision, the civil court shall indicate in its decision the reasons of its inner conviction as a result of its investigation of the facts determined in such criminal decision; otherwise, the court would be unlawful for insufficiency of grounds in its decision (Taiwan)

December 2017

A same-sex marriage registration lawsuit was rejected by the administrative court on the ground that a two-year period for legal amendment had not expired (Taiwan)

November 2017

The court shall investigate if the nature of a default penalty under a contract is predetermined damages or punitive damages and shall not reduce them merely based on the number of performance phases(Taiwan)

November 2017

If a section of a road managed by a competent authority is uneven and is not timely repaired or addressed to reduce the height gap of the road, this is an inadequacy in the installation and management of infrastructure(Taiwan)

November 2017

Basic facts concerning an administrative agency's decision on its intent without disclosing internal communication, thinking or debate information associated with the decision-making process shall still be disclosed pursuant to the Freedom of Government Information Law(Taiwan)

October 2017

In addition to a civil servant's clear awareness of pursuing any illicit gain for himself/herself or for others, an offense of illicit enrichment committed by a civil servant also requires that the recipient of the civil servant's enrichment is profited as a result (Taiwan)

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Arbitration / Litigation

The Code of Criminal Procedure was amended where a misdemeanor case in which a not-guilty first instance decision is overturned by a second instance guilty decision may be remedied on an exceptional basis by appealing to the third instance court (Taiwan)

The period between the date of judgment by a lower court and the date the case becomes pending at a higher court shall be a period in which the statute of limitations continues (Taiwan)

A same-sex marriage registration lawsuit was rejected by the administrative court on the ground that a two-year period for legal amendment had not expired (Taiwan)

The court shall investigate if the nature of a default penalty under a contract is predetermined damages or punitive damages and shall not reduce them merely based on the number of performance phases(Taiwan)

If a section of a road managed by a competent authority is uneven and is not timely repaired or addressed to reduce the height gap of the road, this is an inadequacy in the installation and management of infrastructure(Taiwan)

Basic facts concerning an administrative agency's decision on its intent without disclosing internal communication, thinking or debate information associated with the decision-making process shall still be disclosed pursuant to the Freedom of Government Information Law(Taiwan)

In addition to a civil servant's clear awareness of pursuing any illicit gain for himself/herself or for others, an offense of illicit enrichment committed by a civil servant also requires that the recipient of the civil servant's enrichment is profited as a result (Taiwan)

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Introduction to the Supreme People's Court's Interpretation (II) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (Mainland China)

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Arbitration / Litigation

The Code of Criminal Procedure was amended where a misdemeanor case in which a not-guilty first instance decision is overturned by a second instance guilty decision may be remedied on an exceptional basis by appealing to the third instance court (Taiwan)

The period between the date of judgment by a lower court and the date the case becomes pending at a higher court shall be a period in which the statute of limitations continues (Taiwan)

A same-sex marriage registration lawsuit was rejected by the administrative court on the ground that a two-year period for legal amendment had not expired (Taiwan)

The court shall investigate if the nature of a default penalty under a contract is predetermined damages or punitive damages and shall not reduce them merely based on the number of performance phases(Taiwan)

If a section of a road managed by a competent authority is uneven and is not timely repaired or addressed to reduce the height gap of the road, this is an inadequacy in the installation and management of infrastructure(Taiwan)

Basic facts concerning an administrative agency's decision on its intent without disclosing internal communication, thinking or debate information associated with the decision-making process shall still be disclosed pursuant to the Freedom of Government Information Law(Taiwan)

In addition to a civil servant's clear awareness of pursuing any illicit gain for himself/herself or for others, an offense of illicit enrichment committed by a civil servant also requires that the recipient of the civil servant's enrichment is profited as a result (Taiwan)

Categories

Recent Articles

Introduction to the Supreme People's Court's Interpretation (II) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (Mainland China)

March 2025

China's First Case of Personality Rights Infringement Involving AI-Generated Voices (Mainland China)

August 2024

Draft Amendments to Provisions on Family Law of the Civil Code (Taiwan)

July 2024

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