| 英文摘要 |
The purpose of the statute of Enforcement Rules of The Citizen Judges Act Article 307 points out that the standard of review of sentencing decisions by the Criminal Trials with the participation of Citizen Judges is Abuse of Discretion. However, it might disobey the purpose of the statute of The Citizen Judges Act. Learning from American law, we suggest that the appellate court should first ensure that the sentencing decisions by the Criminal Trials with the participation of Citizen Judges committed no significant procedural error. After that, the appellate court should consider the substantive reasonableness of the sentence. When conducting this review, the court should take into account the extent of departure from the Judicial Yuan Sentencing Information System or the future Sentencing Guidelines range. If the sentence is within the range, the appellate court may apply a presumption of reasonableness. On the other hand, if the sentence is outside the range, the appellate court still has to review the sentence under an abuse-of-discretion standard. |
