Regulations for Executing the Death Penalty Article 2
When accepting death penalty cases, as submitted by the Supreme Prosecutors Office, the Ministry of Justice shall carefully review the following matters:1. Whether or not the prosecutor, the defendant and the defense attorney have received the written judgment of the final and binding verdict.2. Whether or not more than twenty days have elapsed since the defendant and the defense attorney have been served with the final written judgment.3. Whether or not an extraordinary appeal has been filed by the Attorney General.4. Whether or not there has been a court ruling suspending the execution of a death penalty in accordance with Article 435, Paragraph 2 of the Code of Criminal Procedure.5. Whether or not the Constitutional Court has issued a preliminary injunction order in accordance with Article 43 of the Constitutional Court Procedure Act.6. Whether or not there is a written reply after the pardon.7. Whether or not a written proposal is received, in which amnesties, pardons, or commutations were discussed pursuant to the Amnesty Act.8. Whether or not a condition as described in the provisions of Article 465 of the Code of Criminal Procedure exists.If the review by the Ministry of Justice identifies that one of the circumstances or grounds, as mentioned in the preceding paragraph, exists, the execution shall not be ordered before the conclusion of the relevant procedures.If the review by the Ministry of Justice identifies that the case warrants a retrial or an extraordinary appeal, the case shall be submitted to the Supreme Prosecutors Office for a further review.
中文原文 執行死刑規則第2條