Citizen Judges Act (Act on Criminal Trials with the participation of Citizen Judge (Guomin Faguan)) Article 5

Except for juvenile criminal cases and cases involving offenses provided in the Narcotics Hazard Prevention Act, a case of the first instance in the following categories that is designated to the jurisdiction of the district court in which a prosecutor has initiated a public prosecution shall undergo the trial with the participation of citizen judges:1. Where the accused has committed an offense punishable with a minimum punishment of imprisonment for not less than ten years; or2. Where the accused has intentionally committed an offense that caused death.The offenses mentioned in the preceding paragraph shall be determined by the facts and the provisions of the Criminal Code cited in the indictment.Where a case the offense charged therein by the prosecutor is not one in the first paragraph of this article and the Court deems that the charge shall be altered to be one in the first paragraph of this article before the first trial date, the Court shall rule the said case to undergo the trial with the participation of citizen judges.Article 265 of the Code of Criminal Procedure shall not apply to a case with the participation of citizen judges.The presiding judge shall appoint a public defender or a lawyer to defend the accused in a case with the participation of citizen judges if no defense attorney has been retained by the accused.The Court may set a special tribunal to hear a case provided in the first paragraph of this article.