Court, attended the hearings on a schedule of rotation, instead of specifically
attending the case hearings for which they had done investigations. Such
practices are similar to those adopted by the public prosecutorial court system.
However, the public prosecutorial court is based on the “prosecutors as one
identity” principle, which is completely different from the those referred to in
Paragraph 1, Article 39 of the Juvenile Justice Act, which provides that “a
juvenile investigation officer should appear before the court on the hearing
date to express opinions regarding the investigation and the rulings,” and in
Paragraph 1, Article 19 of the same Act, which provides for “…investigation
into the delinquency-related behavior, character, experience, mental and
physical conditions...” It also differs from the factors used as justification by
the juvenile investigation officers in charge of pre-trial investigations when
attending hearings to present reports and suggestions, as if the latter have
independently created another “investigators as one identity” principle with no
legal basis. The Control Yuan investigation shows that these customary
practices have already made the requirements referred to in Paragraph 1,
Article 39 of the Juvenile Justice Act, requirements which call for an
investigation of the particular juvenile, a mere formality. The juvenile
investigation officer on rotation does not read the related court files, and he/she
would only state “all details are shown in the juvenile investigation report” at
the hearing. Besides this, no adequate handover mechanism is available after
hearings are concluded. In practice, if a judge disagrees with the ruling
suggested by a juvenile investigation officer, he/she would discuss altering the
suggested ruling with the officer before the hearing. In such cases, a written
ruling is frequently replaced by the arbitration record. But without the
appearance of the particular officer who did the investigation, it is very likely
that judgment through arbitration actually would become a trial by
interrogation instead. As the supervisory power over judicial administration,
the Judicial Yuan should supervise all subsidiary courts to review and improve
themselves promptly. If it is difficult for the courts to do so, the Judicial Yuan
should help provide additional resources. When the Control Yuan put forward
its investigation report in February 2019, it received attention from the
legislators. This prompted the Legislative Yuan to amend Paragraph 3, Article
19 of the Juvenile Justice Act in June 2019 by adding a paragraph stating that
“Where a juvenile investigation officer is summoned to appear before the court
to give evidence on the results of an investigation or suggestions for handling
a matter, the juvenile investigation officer that conducted the investigation
referred to in paragraph 1 should appear before the court in person to present
the findings, unless the officer provides a justifiable reason for absence.” Such
amendments to the Act have changed the practice at some district courts, such
that the juvenile investigation officer in charge of the pre-trial investigation is
no longer absent from the hearing.
22