This implies that a stronger sentence can be given then.
In the US appeals are done while the individual is in prison and appeals are just to see if a new sentence should be given and in rare cases a new trial should be granted (ex: new DNA evidences). In Spain while appealing the individual could fight it before going to prison, but appeals are not new trials, but reading the transcripts and opening new interpretations. Truly I was shocked to hear that here a new trial is almost automatic granted on an appeal. This is so unfair for the victims and witnesses. Having to live everything again with the idea that the 1st trial was useless. About a rape victim? Poor girl… This is so unfair and a waste of everything.
It looks like I made a mistake. Apologies to all. tando, I thought you were quoting the court in the Zain Dean appeal to show how the court justified increasing Zain Dean’s sentence. I’m not blaming you, tando; I’m blaming myself. I just misunderstood.
So: As for the Zain Dean case being an example of an increased sentence on appeal, I’m back to square one. In the context of Code of Criminal Procedure Article 370, I don’t know what reasoning the appellate court used to increase Zain Dean’s sentence.
The Zain Dean appeal is an example of an increased sentence, but not the best example unless the court gave a reason–I mean the kind of reason that has to do with law.
Yep, I just posted it as a general interpretation of the Article 370.
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In the case of Zain Dean, it was appealed by prosecutor.
臺灣高等法院刑事判決 100年度交上訴字第49號
上 訴 人 臺灣臺北地方法院檢察署檢察官
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tl;dr version: I’m confused about the increased sentence in the Zain Dean appeal, but since we have at least one case–that case–in which an appellate court increased an appealing defendant’s sentence, what I know or don’t know doesn’t matter. I’m going to assume it can be done, Code of Criminal Procedure Article 370 notwithstanding. Facts is facts.
Rambling version:
In the Zain Dean appellate case, the judge seems to engage in a lot of complex discussion of the various Criminal Code and Criminal Procedure articles, but the two “mother lodes,” Criminal Code Article 59 and Code of Criminal Procedure Article 370, don’t appear to be there (well, at least not explicitly in a way that I can figure out).
He discusses 185(3) (or 185-3?), but I’m confused about it, because it’s amended, and I’m not sure whether its longer sentence (". . . not less than three years. . . .") was in effect when the events in question happened, and was applied by the appellate court. I think there are other provisions mentioned by the appellate court that could increase a sentence, and I’m not at all sure that the appellate court is required to explicitly state every law that supports its judgment in every situation.
But by whatever justification, or even if there was no justification, Zain Dean’s sentence was increased on appeal.
I didn’t see this when I set out to write my rambling post. 
Yours is the best explanation so far. Thanks again, tando! And thanks for going to all that trouble. You’re an ace!
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I don’t remember which thread it was – something in Taiwan Politics iirc – but years ago someone posted that it’s perfectly normal in Taiwan to be permitted to appeal to the Supreme Court, the idea being that if you appeal enough times you have a higher chance of finding sympathetic judges. (Small cases are automatically excluded – one appeal only.)
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Well, as far as I know, you cant appeal anymore out of the fact the 10 days appealing-time has long been over. Am I wrong ?
Thus I dont understand your upcoming free-lawyer consultation.
Whatever those guys have done to you, it is their personal right and as far as i see it is now between them and the new prosecuter at a more established court-level (which I think would be in your advantage).
I would strongly suggest you are making a new strong written personal statement and just waiting for your testimony at the court. Beyond those 2 things I highly suggest you to focus on your life and stay out of “this”
How many times do we have to hear this same refrain. Maybe if you almost got stabbed to death by these guys you wouldn’t be so blase about it. He’s interested in protecting his rights here, and who in what kind of la-la land wouldn’t be?
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May I ask why someone deletes my replies. I am feeling like leaving this post for good.
On my last one I had asked what would you people think that would have happened if it would have been 4 foreigners attacking a single Taiwanese with heavy weaponry; what would have been the news and public reaction and how would have the police acted.
One more delete and I am leaving this post for good.
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Actually, there is a post by you fitting that description in the “Is Taiwan Racist?” thread, posted like 2 hours ago
Still, someone deleted my reply here and there as well, it was not moved there, just unfair censorship.
I ask again the same question:
What would you people think that would have happened if it would have been 4 foreigners attacking a single Taiwanese with heavy weaponry; what would have been the news and public reaction and how would have the police acted.
Well , I have managed a long time here without trouble. There have been times when I wanted to fix things and I saw injustices, but I figured that it was better to allow for differences…In Barbados, I once drove along a road towards the beach , and there was a cricket match going on in the middle of the road. Beach was not far away and I chose to walk the 100 metres, instead of stopping their game. I could have been belligerent and I was right, but i chose to let it go.
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It’s like this… I have a toddler and not a week goes by that an asshole motorist doesn’t give me a small heart attack by speeding right through a red light within a meter of us as we cross the street. Am I going to stop every asshole on his piece of shit scooter or economy model BMW and lecture them about safe driving practices? You have to let stuff go or this place will drive you insane and leave you embittered. At worst it can lead to serious confrontations with long-lasting consequences.
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I’m going to go out on a limb and say you made the right call on this one.
Can we get a multiple choice here?
Yes you can and I am giving my 1st answer:
By seeing how they did with the stupid but dangerous banana peel issue, the 4 foreigner would be blasted allover the media, rants of angry Taiwanese would be all over with hate speeches and the police would have done their job properly or even fabricating incriminatory evidences.
Why not keep that kind of discussion until after all the appeals and stuff. Just in case you harmed your position in the case currently in the appeal?
If I do, then so be. I spoke the truth on trial and so I do here.
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