Public Defender Act

The public defenders are designated to High Court and its subordinate courts and branch courts.

For a criminal litigation, unless a public defender is appointed in accordance with Code of Criminal Procedure Article 31, Section 1, a defendant may request the court verbally or in writing for the appointment of a public defender to defend him or her in court. The court shall appoint a public defender to the defendant who is indigent to afford an attorney and applies to the court for the appointment of a public defender. The court may appoint an attorney to defend the defendant with fees paid when it is necessary.

For the case that is ordered by the Supreme Court to go verbal argument, a defendant who is indigent to hire an attorney in accordance with Code of Criminal Procedure Article 389, Section 2, may apply to the Supreme Court to order the subordinate court to appoint a public defender for defense.

A public defender may not be a retained lawyer.

A public defender may not take any compensation from defendants.

A public defender is to perform duty in the designated jurisdiction.

The appointed public defender of district courts and branch courts must be with one of the following qualifications: 1. Passed the Public Defender Test. 2. With the qualification of a judge of district courts or branch courts, or, with the qualification of a public prosecutor of the prosecutor's office in the district courts or branch courts. 3. Passed the Bar Test and with over three years of practice in law outstandingly and with a qualification of intermediate level of civil service system. 4. Passed Military Judge (including Military Prosecutor) Test and assumed the position of military judges or prosecutors with intermediate level of civil service system for over four years outstandingly. The public defender rules are stipulated by Judicial Yuan.

The chief pubic defender of district courts and branch courts shall be selected from the candidates who have been a public defender in district courts or branch courts for over five years outstandingly. The pubic defender of the High Court and branch courts shall be selected from the candidates who have been a chief public defender in district courts or branch courts for over two years or a public defender for over seven years outstandingly. The chief pubic defender of the High Court and branch courts shall be selected from the candidates who have been a public defender in High Court or branch courts for over five years outstandingly.

If there are over two public defenders delegated, one of them will be the chief public defender to supervise and assign job responsibility for defense.

The public defenders of district courts and their branch courts are, within civil service system, between the seventh and ninth grade of intermediate level or are between the tenth and eleventh grade of senior level; also, the chief public defenders are the ninth grade of intermediate level or between the tenth and twelfth grade of senior level. Tenured public defenders, who serve continuously with excellent performance for more than 15 years and whose qualifications are verified, may be promoted to the twelfth grade of senior level; the public defenders of High Court and its branch courts who have served continuously for four years and transferred to district courts or their branches to serve may be promoted between the eleventh and twelfth grade of senior level with excellent performance and their verified qualifications. The public defenders of High Court and its branch courts are, within civil service system, between the tenth and eleventh grade of senior level or are the ninth grade of intermediate level; also, the chief public defenders are between the tenth and twelfth grade of senior level.The public defenders of the preceding paragraph, who serve continuously with excellent performance for more than four years and whose qualifications are verified, could be promoted to the twelfth grade of senior level.The reviewing guidelines pertinent to the provisions of Paragraphs 1 and Paragraph 3 shall be determined by the Judicial Yuan.For those who have the qualifications to practice law, the duration of the time spent serving as a public defender shall accrue towards their seniority of legal practice.

The remuneration of a public defender is distributed by referring to the remuneration of a judge and a prosecutor.

A public defender is to conduct job responsibility independently from the execution of judges or prosecutors.

A public defender is obliged to defend the defendant in a case assigned by court and shall, to his best, collect material evidences favorable to the defendant.

A public defender is obliged to have the assigned case processed with integrity and honesty.

A public defender shall have the legal process and relevant information documented for record.

A public defender shall prepare the written statement for the assigned lawsuit and present to the court.

If an appeal is filed for the case assigned to the public defender, he or she shall prepare the appeal statement or written argument upon the request of the defendant.

A public defender shall have the lawsuit paper or papers compiled into a file.

A public defender shall have a monthly report prepared for the lawsuits assigned and have the monthly report presented to the Judicial Yuan through the President of the court. The format of the monthly report is to be regulated by the Judicial Yuan.

Public defenders shall be cooperative in collecting information for defense.

The Code of Court Organization Article 110, Article 112, and Article 113 are applicable mutatis mutandis to public defenders.

Public defenders will not be affected by Article 21 of this Act in performing duty.

The effective date of this Act is to be regulated by the order of Judicial Yuan.