As corruption cases join the lay judge system, Chien Sheng International Law Firm is your top recommendation for lay judge trials.
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With the Lay Judge System entering its second phase of expansion, starting from New Year's Day 2026, all offenses with a minimum statutory penalty of 10 or more years of imprisonment—including major corruption crimes under the Anti-Corruption Act—will officially fall within the scope of lay judge trials. Currently, eight indicted corruption cases nationwide are awaiting scheduling. This marks not only a significant milestone in our judicial system but has also sparked widespread discussion across society regarding the fairness and transparency of corruption trials.
From a professional legal perspective, Chien Sheng International Law Firm provides this in-depth analysis of the impacts of this reform and its related legal provisions.
I. The Legal Framework for the Expansion of the Lay Judge System
Pursuant to Article 5, Paragraph 1 of the Lay Judge Act, the scope of cases tried by a lay judge court has expanded. In addition to the first phase, which covered "intentional crimes resulting in death," the system now applies to "crimes with a minimum statutory penalty of 10 or more years of fixed-term imprisonment," effective January 1, 2026. This means that major criminal cases, which were previously tried exclusively by professional judges, will now involve the participation of citizens.
➟ Regarding corruption offenses, several severe crimes under the Anti-Corruption Act meet the criterion of a "minimum statutory penalty of 10 years of imprisonment," including:
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Bribery for Breach of Official Duties (Article 4, Paragraph 1, Subparagraph 5):
Whosoever demands, agrees to accept, or accepts a bribe or other improper benefits for an act that breaches their official duties shall be sentenced to life imprisonment or fixed-term imprisonment of 10 or more years, and may be concurrently fined up to NT$100 million. -
Theft or Embezzlement of Public Utensils or Property (Article 4, Paragraph 1, Subparagraph 1):
Shall be sentenced to life imprisonment or fixed-term imprisonment of 10 or more years, and may be concurrently fined up to NT$100 million. -
Extortion, Coercion, Forcible Occupation, or Forceful Seizure of Property by Abuse of Authority or Under False Pretenses (Article 4, Paragraph 1, Subparagraph 2):
Shall be sentenced to life imprisonment or fixed-term imprisonment of 10 or more years, and may be concurrently fined up to NT$100 million.
➟ In the future, these major corruption cases—which involve the abuse of public power and severe damage to national interests—will be co-tried by six lay judges and three professional judges, who will collectively determine the defendant's guilt and sentencing.
II. Challenges and Opportunities in Lay Judge Participation for Corruption Cases
Corruption cases often involve intricate financial flows, specialized administrative procedures, and high political sensitivity. Entrusting such cases to lay judges undoubtedly brings both new challenges and opportunities.
Challenges: Professional Barriers and Political Bias
The investigation of evidence in corruption cases is usually highly complex, involving specialized fields such as accounting, engineering, and government procurement. Widespread public concern exists over whether ordinary citizens possess the necessary professional knowledge to comprehend this evidence. Furthermore, since those involved are frequently political figures, the legal community is deeply concerned about whether lay judges will be influenced by personal political leanings or media coverage, potentially leading to unfair trials.
In response, the Lay Judge Act establishes a rigorous screening mechanism within the selection process. According to Articles 13 through 16 of the Act, beyond negative disqualifications (such as having a prior conviction of imprisonment or being deprived of civil rights), prosecutors, defense attorneys, and judges may question candidate lay judges on the selection date. They may request the court to dismiss specific candidates with cause, or peremptorily challenge a certain number of candidates without stating reasons. This mechanism helps exclude candidates who may harbor bias or fail to render an impartial judgment. However, Article 17 of the Lay Judge Act also expressly prohibits exclusions based on discriminatory grounds such as race, gender, or religion, thereby safeguarding citizens' equal right to participate in trials.
III. Opportunities: Enhancing Judicial Transparency and Public Credibility
For a long time, some members of the public have harbored doubts about the judiciary, often criticizing "detached judges" or perceiving "politically motivated prosecutions." The introduction of the Lay Judge System allows ordinary citizens to personally participate in the trial process, directly examine the evidence presented by the prosecution, and engage in in-depth deliberations with professional judges. This not only helps demystify the judicial process and enhance transparency, but also aligns judgments more closely with society's legal sentiments, ultimately strengthening public trust in the judiciary.
IV. The Severe Punishments of the Anti-Corruption Act
While exploring lay judge trials for corruption cases, we must also understand the strict provisions of the Anti-Corruption Act. This Act is designed to severely punish corruption and cleanse official discipline; its criminal penalties are significantly harsher than those found in the general Criminal Code.
In addition to the aforementioned felonies with a minimum statutory penalty of 10 years of imprisonment, the Act also provides for other aggravated punishments and confiscation rules:
■ Ill-gotten Wealth / Unexplained Wealth (Article 6-1):
Where a public servant is suspected of committing specific offenses and a prosecutor finds during the investigation that their assets have increased disproportionately to their income, the prosecutor may order them to explain the source. If they fail to explain without a justifiable reason, fail to provide a reasonable explanation, or provide false explanations, they shall be sentenced to fixed-term imprisonment of up to five years, short-term detention, or a fine (concurrently or separately) not exceeding the amount of the unexplained wealth.■ Confiscation Provisions (Article 10):
Property obtained through crimes stipulated in this Act shall be clawed back and, depending on the circumstances, confiscated or returned to the victims. If all or part of the property cannot be clawed back, its value shall be collected, or the amount shall be compensated out of the perpetrator's personal property.★ Faced with such severe legal sanctions, any party involved in corruption allegations must handle the situation with the utmost caution.
V. Conclusion
The inclusion of corruption cases in lay judge trials is a massive leap forward for the democratization of Taiwan's judiciary. It tests not only the wisdom and impartiality of lay judges, but also places higher demands on the prosecution’s burden of proof and the professional competence of defense attorneys. In future courtrooms, translating complex legal concepts and evidence into layman's terms will be a crucial task for legal practitioners.
Chien Sheng International Law Firm possesses extensive experience in criminal defense. We will continue to closely monitor the development of the Lay Judge System and remain dedicated to providing our clients with the most professional and comprehensive legal services. If you face any related legal issues, please feel free to contact us at any time. We will wholeheartedly defend your legal rights and interests.Chien Sheng International Law Firm
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