Citizen Judges Act (Act on Criminal Trials with the participation of Citizen Judge (Guomin Faguan)) Article 82

The Final Deliberation shall be conducted by the full panel of Tribunal with citizen judges, with the participation of citizen judges as well as judges, in which issues on the findings of facts, the application of the law, and the sentencing shall be deliberated in the foregoing sequence.All judges and the citizen judges shall participate in the entire process of the Final Deliberation stipulated in the preceding paragraph, with the presiding judge serving as the chairperson.During the final deliberation, the presiding judge shall earnestly explain the general principles of criminal trial, the facts of the case concerned and the contentious legal issues, and illustrate the outcome of the investigation of various pieces of evidence, as well as offer plenty of opportunities for the judges and the citizen judges to freely state their opinions and fully discuss the case, so as to ensure that the citizen judges may reach their independent decisions in the fulfilment of their appropriate authority.The presiding judge shall, if he or she deems it necessary, elaborate to the citizen judges matters on the admissibility of evidence, the necessity of the investigation of evidence, the rulings regarding the litigation proceedings and the interpretation of laws and regulations, which have been exclusively determined by the panel of judges. The citizen judges shall exercise their duties stipulated in the first paragraph of this article in observation of the foregoing elaboration given by the presiding judge.During the Final Deliberation, each citizen judge and judge shall state in turn his or her opinions on the findings of fact, the application of the law and sentencing individually.A citizen judge may not refuse to state his or her opinions on a subsequent matter to be discussed in the final deliberation solely for the reason that his or her opinions on a previous matter were in the minority.An alternate citizen judge who observed the proceedings as such may not take part nor state his or her opinions in the Final Deliberation.
中文原文 國民法官法第82條
終局評議,由國民法官法庭法官與國民法官共同行之,依序討論事實之認定、法律之適用與科刑。
前項之評議,應由法官及國民法官全程參與,並以審判長為主席。
評議時,審判長應懇切說明刑事審判基本原則、本案事實與法律之爭點及整理各項證據之調查結果,並予國民法官、法官自主陳述意見及充分討論之機會,且致力確保國民法官善盡其獨立判斷之職責。
審判長認有必要時,應向國民法官說明經法官合議決定之證據能力、證據調查必要性之判斷、訴訟程序之裁定及法令之解釋。
國民法官應依前項之說明,行使第一項所定之職權。
評議時,應依序由國民法官及法官就事實之認定、法律之適用及科刑個別陳述意見。
國民法官不得因其就評議事項係屬少數意見,而拒絕對次一應行評議之事項陳述意見。
旁聽之備位國民法官不得參與討論及陳述意見。

English translation for reference only; the Chinese text prevails. Not legal advice.