Citizen Judges Act (Act on Criminal Trials with the participation of Citizen Judge (Guomin Faguan)) Article 7
In a case where a prosecutor files a joint indictment against any offenses that should be tried with the participation of citizen judges together with other offenses that should not be tried with the participation of citizen judges, a trial with the participation of citizen judges should be conducted for all offenses charged in the same indictment . However, with regard to the offenses that should not be tried with the participation of citizen judges, the court may, prior to the first trial date, rule not to conduct a trial with the participation of citizen judges after hearing the opinions of the parties, the defense attorneys, or the assistants of the accused.A party may file an interlocutory appeal against the ruling made pursuant to the preceding paragraph. The trial shall be suspended during the interlocutory appeal proceedings.
中文原文 國民法官法第7條
檢察官以被告犯應行國民參與審判之罪與非應行國民參與審判之罪,合併起訴者,應合併行國民參與審判。
但關於非應行國民參與審判之罪,法院得於第一次審判期日前,聽取當事人、辯護人及輔佐人之意見後,裁定不行國民參與審判。
前項裁定,當事人得抗告。
抗告中,停止審判。
但關於非應行國民參與審判之罪,法院得於第一次審判期日前,聽取當事人、辯護人及輔佐人之意見後,裁定不行國民參與審判。
前項裁定,當事人得抗告。
抗告中,停止審判。