Citizen Judges Act (Act on Criminal Trials with the participation of Citizen Judge (Guomin Faguan)) Article 6

Where one of the following circumstances exists in a case that should undergo the trial with the the participation of citizen judges, the Court may, on its own initiative or upon the petition of one of the parties , a defense attorney, or an assistant of the accused, after hearing the opinions of the parties, the defense attorneys, or the assistants of the accused, rule the said case not to undergo the trial with the participation of citizen judges:1. Where there are facts that are sufficient for the Court to find that a trial with the participation of Citizen Judges may not be expected to be conducted impartially;2. Where there are circumstances that pose threats to the life, body, freedom, reputation, or property of a citizen judge, an alternate citizen judge, or their respective spouse, blood relative within the eighth degree of kinship, relative by marriage within the fifth degree of kinship, head of the house, or members of the house;3. Where the case concerned is complicated or requires highly specialized expert knowledge and it is difficult to conclude the trial within a short period of time;4. Where the accused has admitted to the facts that make up the offense charged and has been informed of a common trial procedure by the presiding judge, and based on the facts of the case concerned, the court deems that it is appropriate not to conduct a trial with the participation of citizen judges; or5. Where there are other facts showing that conducting a trial with the participation of citizen judges is obviously not appropriate.After a tribunal with citizen judges is formed, the Court should hear the opinions of the citizen judges and the alternate citizen judges before making the ruling pursuant to the preceding paragraph.A court should evaluate the public interest, the burden on the citizen judges and alternate citizen judges, and the well-protected litigation right of the parties when rendering a ruling pursuant to paragraph 1 above.A party may file an interlocutory appeal against the ruling made pursuant to paragraph 1 of this article. The trial proceedings shall be suspended pending the hearing of the interlocutory appeal. The court that hears the interlocutory appeal shall make its ruling immediately, and shall make its own ruling if it finds the interlocutory appeal meritorious.The litigation procedures conducted in accordance with legal procedures prior to the making of a ruling not to conduct a trial with the participation of citizen judges pursuant to the first paragraph of this article shall remain valid.