謙聖國際法律事務所

1. What Changed in Taiwan's Citizen Judge System in 2026?

Taiwan introduced citizen participation in criminal trials to promote judicial transparency, incorporate diverse social perspectives, and strengthen public understanding of the criminal justice system. The second phase of implementation expanded the categories of serious criminal cases that may be heard by citizen judge courts.

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1.1 The Second Phase of the Citizen Judges Act

Taiwan's Citizen Judges Act began operating on January 1, 2023, initially covering specified criminal cases involving intentional conduct resulting in death.

Beginning January 1, 2026, the system expanded to include offenses carrying a statutory minimum sentence of at least 10 years of imprisonment.This change brought certain major corruption offenses within the scope of citizen participation in criminal trials.The expansion is based on Article 5 of the Citizen Judges Act and its implementation framework.

➙However, the applicable trial procedure must still be determined according to the specific offense, statutory exclusions, and relevant transitional provisions.

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1.2 Which Criminal Cases Qualify for Citizen Judge Trials?

The citizen judge system generally covers two major categories of criminal cases.

▪️First, specified offenses involving intentional criminal conduct that results in death.

▪️Second, offenses carrying a statutory minimum punishment of at least 10 years of fixed-term imprisonment.

Certain juvenile criminal cases and offenses under the Narcotics Hazard Prevention Act are excluded from the citizen judge system.For corruption cases, the decisive issue is not simply whether the defendant is a public official or whether the allegations involve a substantial amount of money. Instead, courts must examine the charged offense, its statutory penalty, and the applicable procedural rules.

 

2. Which Corruption Crimes Are Tried by Citizen Judges?

Taiwan's Anti-Corruption Act establishes different penalties depending on the nature and seriousness of the alleged misconduct.

Certain offenses under Article 4 carry a minimum sentence of 10 years of imprisonment and may therefore fall within the citizen judge system.

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2.1 Serious Offenses Under Article 4 of the Anti-Corruption Act

Article 4 of the Anti-Corruption Act provides for life imprisonment or imprisonment for at least 10 years, with a possible additional fine of up to NT$100 million, for specified serious corruption offenses.

🧑🏻‍⚖️These include the following categories.

1. Theft or Embezzlement of Public Property: Article 4, Paragraph 1, Subparagraph 1 addresses the theft or embezzlement of public equipment or property.

2. Extortion or Unlawful Acquisition of Property Through Abuse of Authority: Article 4, Paragraph 1, Subparagraph 2 addresses specified acts involving extortion, coercive collection, forcible occupation, or unlawful acquisition of property through the abuse of official influence or related circumstances.

3. Corruption in Public Construction and Procurement: Article 4, Paragraph 1, Subparagraph 3 addresses specified misconduct involving public construction, procurement, inflated prices or quantities, kickbacks, and other fraudulent practices.

4. Misuse of Public Transportation Facilities: Article 4, Paragraph 1, Subparagraph 4 concerns the transportation of prohibited or duty-evading goods using public transportation facilities under the circumstances specified by law.

5. Bribery for Breach of Official Duties: Article 4, Paragraph 1, Subparagraph 5 penalizes public officials who demand, agree to accept, or receive bribes or other improper benefits in connection with acts that violate their official duties.

These offenses carry particularly severe statutory penalties because they involve serious misconduct affecting public administration and public trust.

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2.2 Why Not Every Corruption Case Qualifies

Not every offense under the Anti-Corruption Act carries a statutory minimum sentence of 10 years.

For example, Article 5 generally prescribes imprisonment of at least seven years for specified offenses, including bribery relating to official acts that do not necessarily breach official duties. Article 6 generally prescribes imprisonment of at least five years for specified offenses involving misuse of official authority, unlawful benefits, or other misconduct.

Accordingly, these offenses do not automatically qualify for citizen judge trials solely because they are prosecuted under the Anti-Corruption Act. The actual scope of citizen judge jurisdiction depends on the charged offenses, statutory punishment, procedural requirements, and any applicable exceptions.

 

3. How Do Citizen Judge Trials Work in Taiwan?

Citizen judge trials differ from traditional criminal trials because ordinary citizens participate directly in the judicial decision-making process. The purpose is to combine professional legal knowledge with diverse public perspectives while preserving the requirements of a fair criminal trial.

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3.1 Six Citizen Judges and Three Professional Judges

A citizen judge court generally consists of six citizen judges and three professional judges. These nine participants jointly examine the case and take part in deliberations concerning guilt and sentencing. Citizen judges do not merely observe proceedings or provide nonbinding recommendations. They exercise legally defined adjudicative responsibilities and participate in the court's decisions.

💡This structure creates additional responsibilities for prosecutors and defense lawyers, who must present evidence and legal arguments in a manner that is both accurate and understandable.

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3.2 Evidence Presentation, Deliberation, and Sentencing

During a citizen judge trial, the prosecution and defense present their arguments and evidence through the procedures established by the Citizen Judges Act and related criminal procedure rules.

Citizen judges may participate in questioning and the examination of evidence within the applicable legal framework. After the evidentiary proceedings, citizen judges and professional judges deliberate together. Under Article 83 of the Citizen Judges Act, a guilty determination generally requires at least a two-thirds majority of the full nine-member court, including at least one professional judge and one citizen judge. Sentencing decisions are subject to the voting rules prescribed by the Act.

➙These requirements emphasize that citizen participation is substantive while maintaining safeguards for criminal adjudication.

 

4. What Challenges Do Corruption Cases Present to Citizen Judges?

Corruption prosecutions frequently involve technical evidence and complicated administrative arrangements. The participation of citizens creates opportunities for broader public perspectives but also raises important questions about comprehension and impartiality.

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4.1 Complex Financial Evidence and Government Procedures

Major corruption cases may involve government procurement contracts, public construction budgets, accounting records, bank transfers, financial statements, and internal administrative decisions.

For example, an allegation involving unlawful procurement kickbacks may require the court to distinguish between legitimate contractual payments and transactions allegedly connected to criminal conduct. A case involving public property may require detailed analysis of ownership, official duties, authorization, and the defendant's intent.

Citizen judges are not expected to possess professional expertise in every relevant field. Instead, prosecutors and defense lawyers must explain the evidence clearly, identify the legal elements of the alleged offense, and distinguish established facts from assumptions.

💡Expert testimony, financial timelines, transaction records, and organized documentary evidence may play important roles.

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4.2 Political Influence, Media Coverage, and Impartiality

Some corruption cases involve elected officials, senior civil servants, or politically prominent individuals. These cases may attract extensive news coverage and public debate before the trial begins.

Public attention does not establish guilt, and political disagreement is not a substitute for criminal evidence. A fair trial requires judges to decide the case based on evidence lawfully presented in court rather than media reports, public sentiment, or personal political preferences.

➙For this reason, impartial citizen judge selection and careful courtroom management are particularly important in politically sensitive corruption prosecutions.

 

5. How Does Taiwan Select Impartial Citizen Judges?

The Citizen Judges Act establishes rules governing eligibility, disqualification, exemption, and candidate selection.

These procedures are designed to support public participation while reducing the risk of conflicts of interest or unfairness.

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5.1 Eligibility, Disqualification, and Exemption

The Act sets basic eligibility requirements for citizen judges, including relevant age, nationality, and residence conditions. Articles 13 through 16 address different categories of disqualification, exclusion, and circumstances in which an individual may decline selection.

For example, certain individuals with legally specified criminal histories, professional roles, or relationships to the case may be ineligible or excluded. A person who is directly involved in the case, has a disqualifying relationship with a defendant or victim, or presents concrete grounds for concern about impartiality may also be excluded. The Act further recognizes circumstances in which service may be declined, such as specified health conditions, caregiving responsibilities, or serious personal difficulties.

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5.2 Candidate Questioning and Challenges

During the selection process, the court and participating parties may examine whether prospective citizen judges can perform their duties fairly.The law provides procedures for questioning candidates and requesting their exclusion when legally recognized grounds exist.

It also permits certain challenges without requiring a stated reason, subject to statutory limits. These mechanisms are particularly significant in corruption trials involving extensive publicity or political controversy. However, candidate selection must comply with legal safeguards against discriminatory exclusion. The objective is not to select citizen judges who favor either side, but to establish a court capable of evaluating the evidence impartially.

 

6. What Are the Penalties for Corruption Under Taiwan's Anti-Corruption Act?

Taiwan's Anti-Corruption Act establishes substantial criminal penalties for serious abuses of public office. However, the applicable punishment depends on the specific offense, its statutory elements, and any legally recognized aggravating or mitigating circumstances.

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6.1 Bribery, Embezzlement, and Abuse of Public Authority

Article 4 provides some of the Act's most severe penalties, including life imprisonment or imprisonment for at least 10 years, with a possible additional fine of up to NT$100 million. These penalties may apply to specified serious conduct involving public property, unlawful procurement practices, coercive acquisition of property, or bribery connected to a breach of official duties.

Other corruption offenses may carry different statutory penalties. For example, bribery concerning an official act that does not violate official duties is addressed separately under Article 5. The distinction between lawful official conduct, improper administrative behavior, and criminal corruption is therefore central to the legal analysis.

➙A criminal conviction requires proof of the applicable statutory elements, including the relevant conduct and mental state.

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6.2 Unexplained Wealth and Confiscation of Criminal Proceeds

Article 6-1 of the Anti-Corruption Act addresses unexplained increases in assets under specified circumstances.

Where a public official is suspected of certain offenses and the prosecutor identifies an increase in assets that is clearly disproportionate to lawful income during the legally specified period, the prosecutor may require an explanation concerning the source of the property. The provision also addresses relevant assets involving the official's spouse and minor children within its statutory scope.

Failure to provide an explanation without justification, inability to provide a reasonable explanation, or providing a false explanation may result in imprisonment of up to five years, short-term detention, or an applicable fine.

Article 10 separately addresses certain suspicious assets acquired by the offender, spouse, or minor children in connection with offenses under Articles 4 through 6. Where the statutory conditions are satisfied, property whose lawful origin cannot be established may be treated as criminal proceeds. Confiscation and recovery of criminal proceeds must also be assessed under the applicable provisions of the Criminal Code and related laws.

💡These provisions make financial evidence and the lawful origin of assets particularly important in corruption investigations.

 

7. How Should Criminal Defense Strategies Adapt to Citizen Judge Trials?

The expansion of citizen judge trials changes how serious corruption cases are presented in court. A successful defense requires legal analysis, careful evidence preparation, and clear communication with a mixed panel of citizen and professional judges.

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7.1 Explaining Complex Evidence Clearly

In corruption cases, the defense may need to explain administrative procedures, procurement rules, contractual obligations, and financial transactions.

Legal arguments that are technically correct but difficult to understand may fail to communicate the central dispute effectively. A clear defense presentation should identify the precise elements of the alleged offense, explain the significance of the evidence, and distinguish criminal wrongdoing from lawful conduct or administrative irregularities.

For example, a disputed payment does not automatically prove bribery, and an unfavorable government procurement decision does not necessarily establish criminal intent.The court must examine the complete factual and legal context.

➙Financial records, communication histories, expert opinions, and chronological explanations may help clarify these issues.

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7.2 Protecting the Presumption of Innocence and Procedural Rights

Citizen participation does not reduce the prosecution's burden of proof.

Under Taiwan's criminal procedure principles, a defendant is presumed innocent until guilt is established according to law. The defense may challenge the admissibility, reliability, or sufficiency of evidence, question witnesses, and dispute whether the alleged conduct satisfies the statutory elements.

In corruption prosecutions, particular attention may be required when evaluating the relationship between official duties and alleged benefits, the defendant's knowledge or intent, and the credibility of financial or testimonial evidence.

 

8. Frequently Asked Questions About Citizen Judge Corruption Trials in Taiwan

Yes. Beginning January 1, 2026, offenses carrying a statutory minimum sentence of at least 10 years generally fall within the expanded citizen judge system, subject to statutory exclusions and transitional rules. Certain serious corruption offenses qualify.

No. The applicable trial procedure depends on the statutory penalty and relevant legal requirements. Not every offense under the Anti-Corruption Act carries a minimum sentence of 10 years.

A citizen judge court generally consists of six citizen judges and three professional judges, who jointly participate in determining guilt and sentencing.

Certain bribery offenses involving acts that breach official duties under Article 4, Paragraph 1, Subparagraph 5 of the Anti-Corruption Act carry a statutory minimum sentence of 10 years and may fall within the citizen judge system.

Specified offenses under Article 4 of the Anti-Corruption Act are punishable by life imprisonment or imprisonment for at least 10 years, with a possible additional fine of up to NT$100 million.

Yes. Citizen judges participate directly in deliberations and decisions concerning guilt and sentencing together with professional judges, subject to statutory voting requirements.

The selection process includes legal safeguards, candidate questioning, and challenge procedures intended to reduce conflicts of interest and concerns about impartiality. Decisions must be based on evidence rather than political preferences.

Under the conditions specified in Article 6-1 of the Anti-Corruption Act, failure to provide a legally sufficient explanation for disproportionate assets may result in criminal penalties. The provision applies only when its statutory requirements are satisfied.

Corruption cases may involve complex financial evidence, government procedures, and politically sensitive allegations. Defense preparation is essential to explain the evidence accurately, challenge unsupported accusations, and protect the defendant's procedural rights.

 

9. Conclusion: Why Citizen Judge Trials Matter for Corruption Defense

Taiwan's 2026 expansion of the citizen judge system marks an important change in the adjudication of serious corruption cases.

By allowing ordinary citizens to participate alongside professional judges, the system aims to increase judicial transparency, incorporate diverse perspectives, and strengthen public confidence in criminal justice. At the same time, corruption trials present substantial challenges because they frequently involve technical financial evidence, complicated public administration procedures, and significant public attention.

For prosecutors, the reform emphasizes the importance of presenting persuasive evidence that satisfies the legal burden of proof. For defense lawyers, it creates a greater need to explain complex legal and factual disputes clearly while safeguarding the presumption of innocence and the defendant's procedural rights.

 

🧑🏻‍⚖️Chien Sheng International Law Firm provides criminal defense assistance in corruption-related investigations, serious criminal cases, and court proceedings in Taipei, Taoyuan, Kaohsiung, and throughout Taiwan.If you are facing allegations involving bribery, public property embezzlement, government procurement corruption, or other offenses under Taiwan's Anti-Corruption Act, obtaining legal advice early can help clarify the applicable charges, preserve relevant evidence, and identify an appropriate defense strategy.

 

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