Constitutional Court Rules Precedent on Principle of Inseverability of Appeal Unconstitutional
The Constitutional Court has ruled a 1940 Supreme Court precedent on the principle of inseverability of appeal unconstitutional. The Court found that applying this principle to parts of a judgment where a defendant was acquitted infringes upon the constitutional rights to personal freedom and litigation.
📋 Article Processing Timeline
- 📰 Published: May 8, 2026 at 19:16
- 🔍 Collected: May 8, 2026 at 19:32 (16 min after Published)
- 🤖 AI Analyzed: May 8, 2026 at 21:23 (1h 51m after Collected)
Central News Agency (CNA), Taipei, 8th — The Constitutional Court today issued Judgment 115-Hsien-Pan-Tzu No. 4, ruling that the Supreme Court''s 1940 precedent, Shang-Tzu No. 3382, regarding the scope of application for the principle of inseverability of appeal in criminal proceedings, contravenes the spirit of Article 8 of the Constitution, which guarantees personal freedom, and Article 16, which guarantees the people''s right to litigation.
Among the current justices of the Constitutional Court, Tsai Tsung-chen, Yang Hui-chin, and Chu Fu-mei continued to refuse participation in the deliberation. This judgment was made by the five participating justices: Hsieh Ming-yang, Lu Tai-lang, Tsai Tsai-cheng, Chen Chung-wu, and Yu Po-hsiang.
A man surnamed Lin was prosecuted for four offenses related to setting up a soil extraction site. He was acquitted of forgery charges during a retrial, and neither Lin nor the prosecutor appealed. However, due to the Supreme Court''s 1940 criminal precedent No. 3382, the court treated his case as if it had been appealed. Lin was ultimately sentenced to one year and two months for forgery.
Lin argued that Article 348, Paragraph 2 of the Code of Criminal Procedure, before its amendment on June 16, 2021, and the Supreme Court''s 1940 precedent No. 3382 were unconstitutional, and he filed for a constitutional review of the law and the judicial decision.
The Constitutional Court''s Judgment 115-Hsien-Pan-Tzu No. 4, issued today, states that Article 348, Paragraph 2 of the Code of Criminal Procedure, before its amendment on June 16, 2021, does not apply to the parts of a trial court judgment where the defendant was acquitted. In this respect, it does not conflict with the constitutional intent to protect personal freedom under Article 8 and the right to litigation under Article 16.
The judgment points out that the Supreme Court''s 1940 precedent, Shang-Tzu No. 3382, concerning the scope of application for the principle of inseverability of appeal in criminal proceedings, contradicts the spirit of Article 8 (guaranteeing personal freedom) and Article 16 (guaranteeing the people''s right to litigation). Lin may seek relief in accordance with the Constitutional Court Procedure Act. (Editor: Chang Ming-kun) 1150508
Among the current justices of the Constitutional Court, Tsai Tsung-chen, Yang Hui-chin, and Chu Fu-mei continued to refuse participation in the deliberation. This judgment was made by the five participating justices: Hsieh Ming-yang, Lu Tai-lang, Tsai Tsai-cheng, Chen Chung-wu, and Yu Po-hsiang.
A man surnamed Lin was prosecuted for four offenses related to setting up a soil extraction site. He was acquitted of forgery charges during a retrial, and neither Lin nor the prosecutor appealed. However, due to the Supreme Court''s 1940 criminal precedent No. 3382, the court treated his case as if it had been appealed. Lin was ultimately sentenced to one year and two months for forgery.
Lin argued that Article 348, Paragraph 2 of the Code of Criminal Procedure, before its amendment on June 16, 2021, and the Supreme Court''s 1940 precedent No. 3382 were unconstitutional, and he filed for a constitutional review of the law and the judicial decision.
The Constitutional Court''s Judgment 115-Hsien-Pan-Tzu No. 4, issued today, states that Article 348, Paragraph 2 of the Code of Criminal Procedure, before its amendment on June 16, 2021, does not apply to the parts of a trial court judgment where the defendant was acquitted. In this respect, it does not conflict with the constitutional intent to protect personal freedom under Article 8 and the right to litigation under Article 16.
The judgment points out that the Supreme Court''s 1940 precedent, Shang-Tzu No. 3382, concerning the scope of application for the principle of inseverability of appeal in criminal proceedings, contradicts the spirit of Article 8 (guaranteeing personal freedom) and Article 16 (guaranteeing the people''s right to litigation). Lin may seek relief in accordance with the Constitutional Court Procedure Act. (Editor: Chang Ming-kun) 1150508