judicial affairs officer disapproved-withdraw criminal complaint in the record.

 judicial affairs officer disapproved-withdraw criminal complaint in the record.

the borough mediation and the other administration mediation had be reviewed by judges.
after January first 2023, reviewed by judicial affairs officers.
on September, the decree, that number is Chinese I can't translate, announced by judicial yuan.

I communicate with mediation clerks in other borough,
in comparison with the past, the amount of judicial affairs officers disapprove cases is multiply.
for example, the disapproved cases in the jurisdiction city where I work in.
when mediation reviewed by judges.
January through June 2021, there were 35 cases disapproved.
July through December 2021, 50.
January through June 2022, 33.
July through December 2022, 58.
when mediation reviewed by judicial affairs officers.
January through June 2023, there were 119 cases disapproved.

there are my opinions about this disapproved reasons.

[the case number one]
<settlement terms>
1.the applicant pay the respondent 60 thousand in New Taiwan dollars (bellow as same), include the compulsory insurance. the 20 thousand pay on the spot, the respondent check it immediately. before January 16th 2023 the remaining 4 thousand should be paid off, transfer to respondent's Ruifang post account(the account number).
2.the settlement exclude the damage of vehicle 000-000.
3.both abandon other civil claims, the respondent agree to withdraw the criminal compliant about the applicant.

<disapproved reasons>
1.the scope of settlement is unclear, whether include the damage of vehicle 000-000 is unclear.
2.in mediation terms you should not record withdrawing the criminal complaint, that couldn't  be performed by by enforcement.

[my opinion]
for 1, I can't understand what he means, may be scanty of context.
for 2, judicial affairs officer don't comprehend <The Township and County-Administered City Mediation Act> Article 28 apparently.
neither comprehend <The Compulsory Enforcement Act> Article 128, 130, he incorrectly interpret that the case couldn't be performed by enforcement.

this is a little more academic.

in general, the method of withdrawing criminal complaint is by letter or oral to public prosecutor only.
the terms of settlement on withdrawing complaint between parties, until submit to public prosecutor in letter or oral yet, that not take effect.
<Mediation Act> Article 26 say, that the terms of settlement couldn't be performed by enforcement, would be the reasons of disapproving.
there are the derivative question is:
the terms of withdrawing criminal complaint, could that not be performed by enforcement?

if interpret the withdrawing as expressing a specific intention.
<The Compulsory Enforcement Act> Article 130 rule, an enforcement title that ordering to express intention, is deemed as having expressed that intention, when the title becomes irrevocable.
instead of the withdrawing letter, the accused submit the approved mediation settlement to local prosecutor office enough.

if interpret the withdrawing as an act that can't be performed by others.
<The Compulsory Enforcement Act> Article 128 rule,
the act can not be performed by others, the court may fine the debtor, make the debtor performing.
that's continuous fine until the debtor had carry out.
if debtor fail pay the fine, the court may place the debtor into custody.
custody one time for three months, if he fail to withdraw complaint yet, place custody for three months again.

so there are not at all the question couldn't be performed by enforcement.

the second.
that withdrawing the complaint may be recorded in the terms of mediation settlement on the borough hall.
that be regulated in the <The Township and County-Administered City Mediation Act> Article 28.
the judicial affairs officer who want to disapprove the mediation case, he should understand the rules.

[appendix]
<The Township and County-Administered City Mediation Act> Article 26
When the mediation agreement cannot get approved by the court, due to its contents violating the rules or conflicting with public policy or public moral, the court shall inform the township or county-administered cities with the reasons. For the cases referred by the court and getting disapproval, the litigation proceeding shall resume accordingly.
noted: there translation is miss the phrase "couldn't be performed by enforcement".

<The Township and County-Administered City Mediation Act> Article 28
For the criminal cases instituted only upon the complaint, the successful mediation is reached during the investigation or before the conclusion of debate in the court of first instance and the intention of withdrawing the complaint of the party has been recorded in the mediation agreement, which is approved by the court, the complaint or private prosecution shall be deemed as withdrawn at the time the successful mediation is reached.

<The Compulsory Enforcement Act> Article 24
The duration of a custody shall not exceed three months.
Where a new reason for the custody occurs, the debtor may be placed into custody again, provided that this is limited to one time.

<The Compulsory Enforcement Act> Article 128
Where a debtor, pursuant to the enforcement title, shall perform a specific act and the act cannot be performed by others on his/her behalf, and the debtor fails to perform it, the enforcement court may determine a time limit for the debtor to perform it. Where the debtor fails to perform it, the enforcement court may impose a default surcharge of no less than NTD 30,000 to no more than 300,000. Where the court determines a fixed time limit for the performance again and the debtor still fails to perform it, the enforcement court may impose the default surcharge again or place him/her into custody.

<The Compulsory Enforcement Act> Article 130
Where a judgment ordering the debtor to express a specific intention becomes irrevocable or an enforcement title bearing the same effect with an irrevocable judgment is created, the debtor is deemed as having expressed that intention since when the judgment becomes irrevocable or the enforcement title is created.