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https://tw.news.yahoo.com/前法官審案竟複製他案判決書-監院13票全數通過彈劾-090205481.html
前法官審案竟複製他案判決書 監院13票全數通過彈劾
Yahoo奇摩(即時新聞)
29.7k 人追蹤
2019年7月9日 下午5:02
橋頭地方法院前法官張俊文日前審理一宗酒駕公共危險案,判決書竟複製他案內容,監察院今天以違失事證明確且情節重大通過彈劾。提案監委高涌誠、楊芳婉說,張俊文坦承忙中有誤。
張俊文日前審理歐姓被告酒駕公共危險案例,判決書中除被告姓名、住址及年籍資料外,其餘的起訴案號、主文、事實及理由,以及附件檢察官聲請簡易判決處刑書等,誤用另一宗蘇姓被告酒駕公共危險案判決書的內容。
監察院今天召開彈劾審查會,認定張俊文以複製他案書類方式,製作明顯錯誤的判決書而送達給案件當事人,違失事證明確,情節重大,參與審查會的13名監委投票全數通過彈劾張俊文,全案移送職務法庭審理,依法懲戒。
彈劾案文指出,張俊文錯誤判決書是複製他案書類內容,以他人情節較重的犯罪事實,判處被告較重的刑罰,影響所及,除判決發生謬誤,也導致民眾認為法院審判過於草率,嚴重侵害當事人的訴訟權及司法信譽。
高涌誠、楊芳婉下午召開記者會表示,在約詢張俊文時,張俊文也坦承忙中有誤。事情雖然已透過提非常上訴撤銷並改判而解決,但是對於人的究責,由於張俊文已經退休,就只能透過彈劾才可能處理。
監委指出,依據法官法相關規定,對於已退休法官的懲戒是可以的,看起來比較有效的方式是罰款。法官對於違失是要負責的,因為違失會影響到人民權益,違失情節重大或離譜的當然就一定要究責,不會因為法官是否在任或退休。
The former judge’s trial actually copied his judgment. The court’s 13 votes passed through the impeachment.
[Yahoo Chimo (instant news)]
Yahoo Chimo (instant news)
29.7k person tracking
July 9, 2019, 5:02 PM
Zhang Junwen, a former judge of the Qiaotou District Court, recently tried a drunk driving public danger case. The verdict actually copied the contents of his case. The Supervisory Office passed the impeachment today with a clear and serious case. Proposal Supervisor Gao Yongcheng and Yang Fangxi said that Zhang Junwen admitted that he was in error.
Zhang Junwen recently tried the public case of the European surname accused drunk driving. In addition to the defendant's name, address and age information, the other indictment case number, main text, facts and reasons, as well as the attachment prosecutor's request for summary judgment, etc., misuse another The content of a verdict in the public danger case of the Su surnamed drunk driving.
The Supervisory Office held an impeachment review meeting today, and found that Zhang Junwen delivered the case to the party in the form of a copy of his case and made a clearly wrong judgment. The evidence of the breach was clear and the circumstances were significant. The 13 supervisory committees participating in the review vote all through the impeachment of Zhang Junwen. The case was transferred to the court of competent duty and was disciplined according to law.
The impeachment text pointed out that Zhang Junwen’s wrong judgment was to copy the contents of his case, to the fact that he was heavier in the case of others, and to sentence the defendant to a heavier sentence. The impact was affected. In addition to the fallacy of the judgment, the people also thought that the court trial was too hasty and serious. Infringe on the litigant rights and judicial reputation of the parties.
Gao Yongcheng and Yang Fangqi held a press conference in the afternoon. When asked about Zhang Junwen, Zhang Junwen also admitted that he was in a hurry. Although the matter has been resolved by withdrawing the appeal and changing the sentence, the responsibility for the person, since Zhang Junwen has retired, can only be dealt with through impeachment.
The JISC pointed out that according to the relevant provisions of the Judges Law, it is okay to punish retired judges. The more effective way is to impose fines. The judge is responsible for the violation, because the violation will affect the people's rights and interests. Of course, it is necessary to take responsibility for the violation of the circumstances or the outrageous. It is not because the judge is in office or retired.
Https://media-mbst-pub-ue1.s3.amazo.../2019-06/ed19b330-97b5-11e9-b14f-e5d290c46d96
前法官審案竟複製他案判決書 監院13票全數通過彈劾
Yahoo奇摩(即時新聞)
29.7k 人追蹤
2019年7月9日 下午5:02
橋頭地方法院前法官張俊文日前審理一宗酒駕公共危險案,判決書竟複製他案內容,監察院今天以違失事證明確且情節重大通過彈劾。提案監委高涌誠、楊芳婉說,張俊文坦承忙中有誤。
張俊文日前審理歐姓被告酒駕公共危險案例,判決書中除被告姓名、住址及年籍資料外,其餘的起訴案號、主文、事實及理由,以及附件檢察官聲請簡易判決處刑書等,誤用另一宗蘇姓被告酒駕公共危險案判決書的內容。
監察院今天召開彈劾審查會,認定張俊文以複製他案書類方式,製作明顯錯誤的判決書而送達給案件當事人,違失事證明確,情節重大,參與審查會的13名監委投票全數通過彈劾張俊文,全案移送職務法庭審理,依法懲戒。
彈劾案文指出,張俊文錯誤判決書是複製他案書類內容,以他人情節較重的犯罪事實,判處被告較重的刑罰,影響所及,除判決發生謬誤,也導致民眾認為法院審判過於草率,嚴重侵害當事人的訴訟權及司法信譽。
高涌誠、楊芳婉下午召開記者會表示,在約詢張俊文時,張俊文也坦承忙中有誤。事情雖然已透過提非常上訴撤銷並改判而解決,但是對於人的究責,由於張俊文已經退休,就只能透過彈劾才可能處理。
監委指出,依據法官法相關規定,對於已退休法官的懲戒是可以的,看起來比較有效的方式是罰款。法官對於違失是要負責的,因為違失會影響到人民權益,違失情節重大或離譜的當然就一定要究責,不會因為法官是否在任或退休。
The former judge’s trial actually copied his judgment. The court’s 13 votes passed through the impeachment.
[Yahoo Chimo (instant news)]
Yahoo Chimo (instant news)
29.7k person tracking
July 9, 2019, 5:02 PM
Zhang Junwen, a former judge of the Qiaotou District Court, recently tried a drunk driving public danger case. The verdict actually copied the contents of his case. The Supervisory Office passed the impeachment today with a clear and serious case. Proposal Supervisor Gao Yongcheng and Yang Fangxi said that Zhang Junwen admitted that he was in error.
Zhang Junwen recently tried the public case of the European surname accused drunk driving. In addition to the defendant's name, address and age information, the other indictment case number, main text, facts and reasons, as well as the attachment prosecutor's request for summary judgment, etc., misuse another The content of a verdict in the public danger case of the Su surnamed drunk driving.
The Supervisory Office held an impeachment review meeting today, and found that Zhang Junwen delivered the case to the party in the form of a copy of his case and made a clearly wrong judgment. The evidence of the breach was clear and the circumstances were significant. The 13 supervisory committees participating in the review vote all through the impeachment of Zhang Junwen. The case was transferred to the court of competent duty and was disciplined according to law.
The impeachment text pointed out that Zhang Junwen’s wrong judgment was to copy the contents of his case, to the fact that he was heavier in the case of others, and to sentence the defendant to a heavier sentence. The impact was affected. In addition to the fallacy of the judgment, the people also thought that the court trial was too hasty and serious. Infringe on the litigant rights and judicial reputation of the parties.
Gao Yongcheng and Yang Fangqi held a press conference in the afternoon. When asked about Zhang Junwen, Zhang Junwen also admitted that he was in a hurry. Although the matter has been resolved by withdrawing the appeal and changing the sentence, the responsibility for the person, since Zhang Junwen has retired, can only be dealt with through impeachment.
The JISC pointed out that according to the relevant provisions of the Judges Law, it is okay to punish retired judges. The more effective way is to impose fines. The judge is responsible for the violation, because the violation will affect the people's rights and interests. Of course, it is necessary to take responsibility for the violation of the circumstances or the outrageous. It is not because the judge is in office or retired.
Https://media-mbst-pub-ue1.s3.amazo.../2019-06/ed19b330-97b5-11e9-b14f-e5d290c46d96