Judges Act
2023-12-15
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Chapter 1 General Provisions
Article 1
The Judges Act is enacted to maintain the judicial independence of judges under the law, to protect the status of judges, and to establish the evaluation mechanism for judges in order to safeguard the right to a fair trial of the people.
The relationship between a judge and the state is a special commission of judgeship.
For matters not provided in this Act, relevant provisions of other laws shall apply.
The relationship between a judge and the state is a special commission of judgeship.
For matters not provided in this Act, relevant provisions of other laws shall apply.
Article 2
The term "judge" in this Act refers to the following individuals:
1. A Justice of the Judicial Yuan.
2. A judge of the Disciplinary Court.
3. A judge of any courts.
The term "judge" referred to in Subparagraph 3 of the preceding paragraph, unless specifically provided otherwise, shall include the judge-on-probation and judge-in-training.
The terms "court" and "president" referred to in this Act, unless specifically provided otherwise, shall include the Disciplinary Court and its President.
The term "judicial administrative staff" in this Act shall refer to the administrative personnel of the Judicial Yuan and the Judges Academy.
1. A Justice of the Judicial Yuan.
2. A judge of the Disciplinary Court.
3. A judge of any courts.
The term "judge" referred to in Subparagraph 3 of the preceding paragraph, unless specifically provided otherwise, shall include the judge-on-probation and judge-in-training.
The terms "court" and "president" referred to in this Act, unless specifically provided otherwise, shall include the Disciplinary Court and its President.
The term "judicial administrative staff" in this Act shall refer to the administrative personnel of the Judicial Yuan and the Judges Academy.
Article 3
Any provision of this Act not compatible with stipulations concerning Justices of the Judicial Yuan under the Constitution and the law shall not be applicable to the Justices.
Article 4
The Judicial Yuan shall establish the Judicial Personnel Review Committee to review the appointment and removal, office transfer, dismissal from office, transfer, evaluation, reward and discipline, certification or tenure of qualifications for the professional judgeship, extension of services under Article 11, as well as other matters subject to the review conducted by the Judicial Personnel Review Committee of the Judicial Yuan in accordance with the law.
The President of the Judicial Yuan shall be an ex officio member and the Chairperson of the committee referred to in the preceding paragraph. Except for members under Subparagraph 1, other members shall serve a one-year term and may be re-commissioned for another term. The quota and the means of selecting committee members shall be as follows:
1. Eleven members to be designated by the President of the Judicial Yuan.
2. Twelve judge representatives: one from the Supreme Court, one from the Supreme Administrative Court and the Disciplinary Court, two from the High Court, one from the High Administrative Court and the Intellectual Property and Commercial Court, and seven from district courts and the Juvenile and Family Court, to be elected by judges among themselves at all levels of courts.
3. Three academic experts: non-prosecutors or non-attorneys recommended respectively by the Ministry of Justice and the National Bar Association with three candidates and subject to the appointment by the President of the Judicial Yuan.
The academic experts shall have voting rights on the initial appointment, re-appointment, office transfer, dismissal from office, removal, reward and discipline, review on the probationary judgeship given to judges-in-training or tenured judgeship conferred to judges-on-probation, and extension of services under Article 11; but may only participate in meetings to express opinions on other matters without exercising voting rights.
Anyone who has been disciplined shall not serve as a judge representative referred to in Paragraph 2.
The composition of various committees established by the Judicial Yuan for the purpose of submitting personnel cases to the Judicial Personnel Review Committee shall have the participation of representatives of judges, academic experts, attorneys, or prosecutors.
The Judicial Yuan shall have the authority to formulate regulations and rules of review procedures governing the qualifications, means of selection, and other relevant matters of the Judicial Personnel Review Committee members, provided that the Judicial Yuan and Examination Yuan shall jointly formulate rules of review procedures concerning the appointment and removal, performance evaluation, ranks and pay scale, transfer, commendation, and award.
The President of the Judicial Yuan shall be an ex officio member and the Chairperson of the committee referred to in the preceding paragraph. Except for members under Subparagraph 1, other members shall serve a one-year term and may be re-commissioned for another term. The quota and the means of selecting committee members shall be as follows:
1. Eleven members to be designated by the President of the Judicial Yuan.
2. Twelve judge representatives: one from the Supreme Court, one from the Supreme Administrative Court and the Disciplinary Court, two from the High Court, one from the High Administrative Court and the Intellectual Property and Commercial Court, and seven from district courts and the Juvenile and Family Court, to be elected by judges among themselves at all levels of courts.
3. Three academic experts: non-prosecutors or non-attorneys recommended respectively by the Ministry of Justice and the National Bar Association with three candidates and subject to the appointment by the President of the Judicial Yuan.
The academic experts shall have voting rights on the initial appointment, re-appointment, office transfer, dismissal from office, removal, reward and discipline, review on the probationary judgeship given to judges-in-training or tenured judgeship conferred to judges-on-probation, and extension of services under Article 11; but may only participate in meetings to express opinions on other matters without exercising voting rights.
Anyone who has been disciplined shall not serve as a judge representative referred to in Paragraph 2.
The composition of various committees established by the Judicial Yuan for the purpose of submitting personnel cases to the Judicial Personnel Review Committee shall have the participation of representatives of judges, academic experts, attorneys, or prosecutors.
The Judicial Yuan shall have the authority to formulate regulations and rules of review procedures governing the qualifications, means of selection, and other relevant matters of the Judicial Personnel Review Committee members, provided that the Judicial Yuan and Examination Yuan shall jointly formulate rules of review procedures concerning the appointment and removal, performance evaluation, ranks and pay scale, transfer, commendation, and award.
Chapter 2 Appointment of Judges
Article 5
Judges of courts at all levels that sit below the High Court shall possess one of the following qualifications to be appointed:
1. Having passed the judges or prosecutors qualification examination, or having actually practiced as attorneys for three or more years and possessed the qualifications for the designated position, provided that such appointment is limited to judges of district courts.
2. Having served as tenured judges.
3. Having served as tenured prosecutors.
4. Having served as public defenders for six or more years.
5. Having actually practiced as attorneys for six or more years, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, served as full-time professors, associate professors, or assistant professors at universities or independent colleges accredited by the Ministry of Education for a total of six or more years, and lectured on primary legal subjects for two or more years with specialized publications in the legal profession, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, and served as full-time research fellows, associate research fellows, or assistant research fellows at Academia Sinica for a total of six or more years with specialized publications in primary legal subjects, as well as possessed the qualifications for the designated position.
Judges serving in the high administrative litigation division and district administrative litigation division of the High Administrative Court, should be selected from a list of candidates who possess one of the following qualifications:
1. Having one of the qualifications as listed in subparagraphs 1, 4 through 7 of the preceding paragraph. However, such appointments shall be limited to the judges of the district administrative litigation division of the High Administrative Court.
2. Having served as tenured judges.
3. Having served as tenured prosecutors.
4. Having served on duties of judges or prosecutors, and as civil servants for a total of eight or more years.
5. Having actually practiced as attorneys in administrative litigation for eight or more years, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, served as full-time professors, associate professors, or assistant professors at universities or independent colleges accredited by the Ministry of Education for a total of eight or more years, and lectured on subjects of constitutional law, administrative law, trademark law, patent law, tax law, real property law, fair trade law, government procurement law, or in other administrative law courses for five or more years, with specialized publications in relation to the above areas, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as research fellows, associate research fellows, or assistant research fellows at Academia Sinica for a total of eight or more years, with specialized publications on constitutional law or administrative law, as well as possessed the qualifications for the designated position.
8. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as civil servants with the selection rank handling administrative appeals or legal affairs of agencies for ten or more years, with specialized publications on constitutional law or administrative law.
Judges of the Supreme Court, the Supreme Administrative Court, or judges of the Disciplinary Court, unless provided otherwise in law, shall possess one of the following qualifications to be appointed:
1. Having served as Justices, as well as possessed the qualifications for the designated position.
2. Having served as judges of the Disciplinary Court.
3. Having served as tenured judges for twelve or more years.
4. Having served as tenured prosecutors for twelve or more years.
5. Having actually practiced as attorneys for eighteen or more years, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as full-time professors at universities or independent colleges accredited by the Ministry of Education for a total of ten or more years, and lectured on primary legal subjects for five or more years with specialized publications on primary legal subjects, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, and served as full-time research fellows at Academia Sinica for a total of ten or more years with specialized publications in primary legal subjects, as well as possessed the qualifications for the designated position.
The term "primary legal subjects" in Subparagraphs 6 and 7 of Paragraph 1, and Subparagraphs 6 and 7 of Paragraph 2 shall refer to constitutional law, civil law, criminal law, private international law, commercial law, administrative law, civil procedure law, criminal procedure law, administrative procedure law, compulsory enforcement law, bankruptcy law, or other primary legal subjects designated by the Examination Yuan.
The years of service under Subparagraphs 6 and 7 of Paragraph 1, Subparagraphs 6 and 7 of Paragraph 2, and Subparagraphs 6 and 7 of Paragraph 3 shall be calculated in combination in accordance with the provisions in respective paragraphs.
The qualifications for the appointment of judges of other specialized courts shall be separately stipulated by the law.
For Justices, attorneys, professors, associate professors, assistant professors and research fellows, associate research fellows or assistant research fellows at Academia Sinica who do not possess the qualifications for the designated positions, the examination for acquiring qualifications of the designated positions may be in the form of written tests, oral tests together with examinations on publications or inventions, or examinations on certification of educational background and work experiences in relation to the knowledge, skills, and abilities required. The regulations governing the examination thereof shall be formulated by the Examination Yuan.
Anyone who passes the qualifications examination for the designated position pursuant to the preceding paragraph only acquires the eligibility to participate in the selection of judges to be conducted in accordance with Article 7 by the Judicial Yuan, which is commissioned by the Examination Yuan.
The Judicial Yuan and the Examination Yuan shall jointly formulate regulations for the standard, selection procedure, age limit for selected personnel, and other matters that need to be complied with concerning the selection of judges in the preceding paragraph to be conducted by the Judicial Yuan.
1. Having passed the judges or prosecutors qualification examination, or having actually practiced as attorneys for three or more years and possessed the qualifications for the designated position, provided that such appointment is limited to judges of district courts.
2. Having served as tenured judges.
3. Having served as tenured prosecutors.
4. Having served as public defenders for six or more years.
5. Having actually practiced as attorneys for six or more years, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, served as full-time professors, associate professors, or assistant professors at universities or independent colleges accredited by the Ministry of Education for a total of six or more years, and lectured on primary legal subjects for two or more years with specialized publications in the legal profession, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, and served as full-time research fellows, associate research fellows, or assistant research fellows at Academia Sinica for a total of six or more years with specialized publications in primary legal subjects, as well as possessed the qualifications for the designated position.
Judges serving in the high administrative litigation division and district administrative litigation division of the High Administrative Court, should be selected from a list of candidates who possess one of the following qualifications:
1. Having one of the qualifications as listed in subparagraphs 1, 4 through 7 of the preceding paragraph. However, such appointments shall be limited to the judges of the district administrative litigation division of the High Administrative Court.
2. Having served as tenured judges.
3. Having served as tenured prosecutors.
4. Having served on duties of judges or prosecutors, and as civil servants for a total of eight or more years.
5. Having actually practiced as attorneys in administrative litigation for eight or more years, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, served as full-time professors, associate professors, or assistant professors at universities or independent colleges accredited by the Ministry of Education for a total of eight or more years, and lectured on subjects of constitutional law, administrative law, trademark law, patent law, tax law, real property law, fair trade law, government procurement law, or in other administrative law courses for five or more years, with specialized publications in relation to the above areas, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as research fellows, associate research fellows, or assistant research fellows at Academia Sinica for a total of eight or more years, with specialized publications on constitutional law or administrative law, as well as possessed the qualifications for the designated position.
8. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as civil servants with the selection rank handling administrative appeals or legal affairs of agencies for ten or more years, with specialized publications on constitutional law or administrative law.
Judges of the Supreme Court, the Supreme Administrative Court, or judges of the Disciplinary Court, unless provided otherwise in law, shall possess one of the following qualifications to be appointed:
1. Having served as Justices, as well as possessed the qualifications for the designated position.
2. Having served as judges of the Disciplinary Court.
3. Having served as tenured judges for twelve or more years.
4. Having served as tenured prosecutors for twelve or more years.
5. Having actually practiced as attorneys for eighteen or more years, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as full-time professors at universities or independent colleges accredited by the Ministry of Education for a total of ten or more years, and lectured on primary legal subjects for five or more years with specialized publications on primary legal subjects, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, and served as full-time research fellows at Academia Sinica for a total of ten or more years with specialized publications in primary legal subjects, as well as possessed the qualifications for the designated position.
The term "primary legal subjects" in Subparagraphs 6 and 7 of Paragraph 1, and Subparagraphs 6 and 7 of Paragraph 2 shall refer to constitutional law, civil law, criminal law, private international law, commercial law, administrative law, civil procedure law, criminal procedure law, administrative procedure law, compulsory enforcement law, bankruptcy law, or other primary legal subjects designated by the Examination Yuan.
The years of service under Subparagraphs 6 and 7 of Paragraph 1, Subparagraphs 6 and 7 of Paragraph 2, and Subparagraphs 6 and 7 of Paragraph 3 shall be calculated in combination in accordance with the provisions in respective paragraphs.
The qualifications for the appointment of judges of other specialized courts shall be separately stipulated by the law.
For Justices, attorneys, professors, associate professors, assistant professors and research fellows, associate research fellows or assistant research fellows at Academia Sinica who do not possess the qualifications for the designated positions, the examination for acquiring qualifications of the designated positions may be in the form of written tests, oral tests together with examinations on publications or inventions, or examinations on certification of educational background and work experiences in relation to the knowledge, skills, and abilities required. The regulations governing the examination thereof shall be formulated by the Examination Yuan.
Anyone who passes the qualifications examination for the designated position pursuant to the preceding paragraph only acquires the eligibility to participate in the selection of judges to be conducted in accordance with Article 7 by the Judicial Yuan, which is commissioned by the Examination Yuan.
The Judicial Yuan and the Examination Yuan shall jointly formulate regulations for the standard, selection procedure, age limit for selected personnel, and other matters that need to be complied with concerning the selection of judges in the preceding paragraph to be conducted by the Judicial Yuan.
Article 6
No person may be appointed as a judge with any one of the following conditions:
1. Not eligible to be employed in accordance with the Civil Service Employment Act.
2. Having been conclusively convicted and sentenced with imprisonment or heavier penalty that impairs the integrity of the judgeship.
3. Having served as a civil servant and received dismissal from office or heavier penalty with final and binding effect in accordance with the Civil Servants Disciplinary Sanctions Act or relevant regulations.
4. Having served as a civil servant and received removal from office penalty with final and binding effect in accordance with the Civil Service Performance Rating Act or relevant regulations, provided, however, that this rule does not apply in the event the punishment of removal from office was due to declaration of custodianship and such declaration was subsequently canceled.
5. Having declared bankruptcy and rights have not yet been reinstated.
6. Having served in an elected public office and left that office for less than three years, provided, however, that this rule does not apply if regulated by other statutes.
1. Not eligible to be employed in accordance with the Civil Service Employment Act.
2. Having been conclusively convicted and sentenced with imprisonment or heavier penalty that impairs the integrity of the judgeship.
3. Having served as a civil servant and received dismissal from office or heavier penalty with final and binding effect in accordance with the Civil Servants Disciplinary Sanctions Act or relevant regulations.
4. Having served as a civil servant and received removal from office penalty with final and binding effect in accordance with the Civil Service Performance Rating Act or relevant regulations, provided, however, that this rule does not apply in the event the punishment of removal from office was due to declaration of custodianship and such declaration was subsequently canceled.
5. Having declared bankruptcy and rights have not yet been reinstated.
6. Having served in an elected public office and left that office for less than three years, provided, however, that this rule does not apply if regulated by other statutes.
Article 7
The initial assumption of the judgeship, unless directly appointed and assigned through the passing of the judges or prosecutors examination, shall meet the qualifications by means of a selection process, which shall apply as well to those who once served as judges, resigned for some reason, and have applied for reappointment.
The Judicial Yuan shall establish the Judicial Selection Committee to be in charge of the selection of judges in the preceding paragraph and other matters required by law.
The President of the Judicial Yuan shall be an ex officio member of the committee referred to in the preceding paragraph. Other committee members shall serve a two-year term and may be re-commissioned for one additional term. The quota and the means of selecting committee members are as follows:
1. One Examination Yuan representatives: to be appointed by the Examination Yuan.
2. Seven judge representatives: To be nominated by the President of the Judicial Yuan with thrice the quota, submitted to the Judicial Personnel Review Committee for review and slated with twice the quota before being voted on by judges.
3. One prosecutor representative: to be nominated by the Ministry of Justice with thrice the quota, submitted to the President of the Judicial Yuan for nomination with a slate of twice the quota before being voted on by prosecutors.
4. Three attorney representatives: to be recommended respectively by the Taiwan Bar Association and local bar associations with thrice the quota, submitted to the President of the Judicial Yuan for nomination with a slate of twice the quota, before being voted on by nationwide attorneys.
5. Six academia and social representatives: to be appointed by means of selection by the President of the Judicial Yuan, with scholars possessing expertise in law, sociology, and psychology.
The Committee referred to in Paragraph 2 shall be convened and chaired by the President of the Judicial Yuan; if the President of the Judicial Yuan cannot convene or chair the meeting for some reason, he/she shall appoint a committee member to act on his/her behalf. Resolutions of the Committee shall be adopted with the attendance of two-thirds or more of the total committee members and with the consent of more than half of the committee members in attendance.
The total committee members referred to in the preceding paragraph shall exclude those discharged of duty or deceased during their term, but shall not fall below twelve.
The Judicial Yuan shall formulate rules of review by the Judicial Selection Committee.
The number of each gender for members of the Judicial Selection Committee shall not be less than one-third of the total members.
The Judicial Yuan, the Executive Yuan, and the Taiwan Bar Association shall respectively formulate regulations concerning the qualifications, voting procedures, and filling of vacant committee membership of the Selection Committee members, and shall conduct the voting respectively.
The Judicial Yuan shall establish the Judicial Selection Committee to be in charge of the selection of judges in the preceding paragraph and other matters required by law.
The President of the Judicial Yuan shall be an ex officio member of the committee referred to in the preceding paragraph. Other committee members shall serve a two-year term and may be re-commissioned for one additional term. The quota and the means of selecting committee members are as follows:
1. One Examination Yuan representatives: to be appointed by the Examination Yuan.
2. Seven judge representatives: To be nominated by the President of the Judicial Yuan with thrice the quota, submitted to the Judicial Personnel Review Committee for review and slated with twice the quota before being voted on by judges.
3. One prosecutor representative: to be nominated by the Ministry of Justice with thrice the quota, submitted to the President of the Judicial Yuan for nomination with a slate of twice the quota before being voted on by prosecutors.
4. Three attorney representatives: to be recommended respectively by the Taiwan Bar Association and local bar associations with thrice the quota, submitted to the President of the Judicial Yuan for nomination with a slate of twice the quota, before being voted on by nationwide attorneys.
5. Six academia and social representatives: to be appointed by means of selection by the President of the Judicial Yuan, with scholars possessing expertise in law, sociology, and psychology.
The Committee referred to in Paragraph 2 shall be convened and chaired by the President of the Judicial Yuan; if the President of the Judicial Yuan cannot convene or chair the meeting for some reason, he/she shall appoint a committee member to act on his/her behalf. Resolutions of the Committee shall be adopted with the attendance of two-thirds or more of the total committee members and with the consent of more than half of the committee members in attendance.
The total committee members referred to in the preceding paragraph shall exclude those discharged of duty or deceased during their term, but shall not fall below twelve.
The Judicial Yuan shall formulate rules of review by the Judicial Selection Committee.
The number of each gender for members of the Judicial Selection Committee shall not be less than one-third of the total members.
The Judicial Yuan, the Executive Yuan, and the Taiwan Bar Association shall respectively formulate regulations concerning the qualifications, voting procedures, and filling of vacant committee membership of the Selection Committee members, and shall conduct the voting respectively.
Article 8
The Judicial Selection Committee, in the selection of judges, shall review the candidate's integrity, ability, physical and mental condition, work ethics, specialty, and aspiration.
The Judicial Yuan shall promulgate regulations concerning the procedures and age limit, among other related matters, of the selection of judges already possessing the qualifications for appointment.
All judges being selected are required to go through trainings; the Judicial Yuan shall promulgate regulations concerning the duration of trainings, reduction or wavier, implementing measures, allowances, expenditures, leaves, evaluations, rewards and disciplines, retention or cancellation of training eligibility, among other related matters.
The Judicial Yuan shall promulgate regulations concerning the procedures and age limit, among other related matters, of the selection of judges already possessing the qualifications for appointment.
All judges being selected are required to go through trainings; the Judicial Yuan shall promulgate regulations concerning the duration of trainings, reduction or wavier, implementing measures, allowances, expenditures, leaves, evaluations, rewards and disciplines, retention or cancellation of training eligibility, among other related matters.
Article 9
An appointee possessing the qualifications under Subparagraph 1, Paragraph 1 of Article 5 shall be deemed to be a judge-in-training for a period of five years. After the training period is fulfilled and the satisfactory evaluation is received, the appointee shall be a judge-on-probation for a period of one year, which shall apply as well to those directly commissioned and assigned through the passing of the judges or prosecutors examination.
An appointee possessing the qualifications under Subparagraphs 4 to 7, Paragraph 1 and Subparagraphs 4 to 8, Paragraph 2 of Article 5 shall be a judge-on-probation for a period of two years; the probation period shall be one year for those who have served a total of ten or more years as judges, prosecutors, and civil servants, or who have practiced as attorneys for ten or more years.
The judges-in-training appointed as district court judges shall rotate among themselves taking charge of the following matters during the training period, provided that the Judicial Yuan may adjust the assignments depending upon the actual situations:
1. Being transferred to the higher court for matters stipulated under Paragraph 3, Article 34 of the Court Organization Act and Paragraph 5, Article 10 of the Administrative Court Organization Act for one year.
2. Filling in as associate and commissioned judges at trial panels of district courts for two years.
3. Independently presiding over related rulings in civil and criminal cases, civil and criminal cases under summary proceedings, civil small claim proceedings, or criminal cases under summary trial proceedings other than juvenile cases in district courts for two years.
From the third year, a judge-in-training in the preceding paragraph may, in addition to presiding independently over matters referred to in Subparagraph 3 of the preceding paragraph, preside over criminal cases under Subparagraphs 1 and 2, Article 376 of the Criminal Procedure Code.
The judges-in-training in paragraph 3 shall rotate among themselves taking charge of matters in the order stipulated in various subparagraphs of paragraph 3, provided that the Judicial Yuan may adjust the sequence and the quota allocation of judges for assignments under Subparagraphs 1 and 2 as required by its business; and courts may adjust their respective rotation sequence under Subparagraphs 2 and 3 as required by their businesses.
A judge-in-training, who works in a district administrative litigation division of the High Administrative Court, shall serve as an associate judge or a commissioned judge in collegial-trial cases during the training period, but may act alone on cases that are applicable to, or are governed by, summary administrative proceedings.
Judges-in-training and judges-on-probation are subject to service performance evaluation, which shall be submitted to the Judicial Personnel Review Committee for review upon fulfillment of their training and probation term. Probationary or tenured judgeship shall be granted for those who pass the review; re-evaluation shall be conducted and submitted for further review within two years for those who do not pass the initial review; training or probationary status shall be discontinued and duties shall be dismissed for those who still do not pass the second review.
The items of the service performance referred to in the preceding paragraph shall include knowledge and abilities, professional attitudes, quality of adjudication, character, and integrity, as well as physical and mental health.
The Judicial Personnel Review Committee shall consult with the Judicial Selection Committee in conducting its service performance review; before the decision of not passing the review is rendered, notice shall be given to the judge-in-training or judge-on-probation under review to express opinions.
The Judicial Yuan shall establish a Review Committee in order to review the adjudication or relevant documents of the judge-in-training or judge-on-probation. The term of office, review criteria, and other matters concerning the Review Committee shall be determined separately by the Judicial Yuan.
The Judicial Yuan shall formulate regulations for affairs to be handled during the training or probation period by judges-in-training or judges-on-probation, the evaluation and re-evaluation thereof, and other related matters.
An appointee possessing the qualifications under Subparagraphs 4 to 7, Paragraph 1 and Subparagraphs 4 to 8, Paragraph 2 of Article 5 shall be a judge-on-probation for a period of two years; the probation period shall be one year for those who have served a total of ten or more years as judges, prosecutors, and civil servants, or who have practiced as attorneys for ten or more years.
The judges-in-training appointed as district court judges shall rotate among themselves taking charge of the following matters during the training period, provided that the Judicial Yuan may adjust the assignments depending upon the actual situations:
1. Being transferred to the higher court for matters stipulated under Paragraph 3, Article 34 of the Court Organization Act and Paragraph 5, Article 10 of the Administrative Court Organization Act for one year.
2. Filling in as associate and commissioned judges at trial panels of district courts for two years.
3. Independently presiding over related rulings in civil and criminal cases, civil and criminal cases under summary proceedings, civil small claim proceedings, or criminal cases under summary trial proceedings other than juvenile cases in district courts for two years.
From the third year, a judge-in-training in the preceding paragraph may, in addition to presiding independently over matters referred to in Subparagraph 3 of the preceding paragraph, preside over criminal cases under Subparagraphs 1 and 2, Article 376 of the Criminal Procedure Code.
The judges-in-training in paragraph 3 shall rotate among themselves taking charge of matters in the order stipulated in various subparagraphs of paragraph 3, provided that the Judicial Yuan may adjust the sequence and the quota allocation of judges for assignments under Subparagraphs 1 and 2 as required by its business; and courts may adjust their respective rotation sequence under Subparagraphs 2 and 3 as required by their businesses.
A judge-in-training, who works in a district administrative litigation division of the High Administrative Court, shall serve as an associate judge or a commissioned judge in collegial-trial cases during the training period, but may act alone on cases that are applicable to, or are governed by, summary administrative proceedings.
Judges-in-training and judges-on-probation are subject to service performance evaluation, which shall be submitted to the Judicial Personnel Review Committee for review upon fulfillment of their training and probation term. Probationary or tenured judgeship shall be granted for those who pass the review; re-evaluation shall be conducted and submitted for further review within two years for those who do not pass the initial review; training or probationary status shall be discontinued and duties shall be dismissed for those who still do not pass the second review.
The items of the service performance referred to in the preceding paragraph shall include knowledge and abilities, professional attitudes, quality of adjudication, character, and integrity, as well as physical and mental health.
The Judicial Personnel Review Committee shall consult with the Judicial Selection Committee in conducting its service performance review; before the decision of not passing the review is rendered, notice shall be given to the judge-in-training or judge-on-probation under review to express opinions.
The Judicial Yuan shall establish a Review Committee in order to review the adjudication or relevant documents of the judge-in-training or judge-on-probation. The term of office, review criteria, and other matters concerning the Review Committee shall be determined separately by the Judicial Yuan.
The Judicial Yuan shall formulate regulations for affairs to be handled during the training or probation period by judges-in-training or judges-on-probation, the evaluation and re-evaluation thereof, and other related matters.
Article 10
The detail and reassignment of a judge shall be handled in the spirit of self-governance among the judges. The Judicial Yuan and the Examination Yuan shall jointly promulgate regulations concerning the qualifications, procedure, on-the-job training, and detail to other agencies for special assignments.
The Judicial Yuan shall promulgate regulations concerning the qualifications and procedure, among other things, concerning the appointment of the division-chief judges of each respective court.
The Judicial Yuan shall promulgate regulations concerning the qualifications and procedure, among other things, concerning the appointment of the division-chief judges of each respective court.
Article 11
The term of the president and division-chief judge of each court at the High Court and below, the High Administrative Court, and other specialized courts is three years and may be extended for one additional term, provided, however, that an additional extension may be granted with the term of no more than three years if deemed to be really necessary by the Judicial Yuan.
The term of a president referred to in the preceding paragraph at different levels shall be calculated together. The Judicial Yuan shall consult annually with judges of a court concerning the character, integrity, capability to carry out duties, and diligence in conducting cases of the president of that court, and may, based on the result of such consultation, dismiss the concurrent service as president if the term is not expired.
The term of a division-chief judge referred to in Paragraph 1 at the same level shall be calculated together. The Judicial Yuan shall consult with judges of the courts where the division-chief judge has served prior to the expiration of the term and the re-appointment.
In the event the Judicial Yuan should find material evidence to sufficient warrant the finding that a division-chief judge is unfit for duties, it may dismiss the concurrent service as a division-chief judge.
The Judicial Yuan shall promulgate regulations concerning the detail, reassignment, term extension, and dismissal of concurrent service as president or division-chief judge.
The term of a president referred to in the preceding paragraph at different levels shall be calculated together. The Judicial Yuan shall consult annually with judges of a court concerning the character, integrity, capability to carry out duties, and diligence in conducting cases of the president of that court, and may, based on the result of such consultation, dismiss the concurrent service as president if the term is not expired.
The term of a division-chief judge referred to in Paragraph 1 at the same level shall be calculated together. The Judicial Yuan shall consult with judges of the courts where the division-chief judge has served prior to the expiration of the term and the re-appointment.
In the event the Judicial Yuan should find material evidence to sufficient warrant the finding that a division-chief judge is unfit for duties, it may dismiss the concurrent service as a division-chief judge.
The Judicial Yuan shall promulgate regulations concerning the detail, reassignment, term extension, and dismissal of concurrent service as president or division-chief judge.
Article 12
The appointment of a judge shall apply, mutatis mutandis, the relevant provisions of civil service [statutes] to begin on acting status while the appointment being submitted to the Ministry of Civil Service for qualification review and the President for appointment once the qualifications are approved. For those deemed to be not qualified by the Ministry of Civil Service, the acting status shall be terminated immediately.
If a judge should meet any of the conditions under Article 6 prior to his appointment, or does not meet the appointment qualifications of each respective court level, the appointment or qualifications of each respective court level shall be revoked.
The termination of acting status referred to in Paragraph 1 and the revocation of appointment referred to in the preceding paragraph shall have no impact on the act of duties rendered while serving in that capacity. Any payment already made in accordance with the law shall not be subject to recourse.
If a judge should meet any of the conditions under Article 6 prior to his appointment, or does not meet the appointment qualifications of each respective court level, the appointment or qualifications of each respective court level shall be revoked.
The termination of acting status referred to in Paragraph 1 and the revocation of appointment referred to in the preceding paragraph shall have no impact on the act of duties rendered while serving in that capacity. Any payment already made in accordance with the law shall not be subject to recourse.
Chapter 3 Judicial Ethics and Supervision of Judges
Article 13
A judge shall conduct unbiased, independent, and fair trials in accordance with the Constitution and the laws, based on conscience, and not subject to any intervention.
A judge shall adhere to the Code of Conduct for Judges, whose content shall be formulated through consultation by the Judicial Yuan with judges' representatives from across the nation.
A judge shall adhere to the Code of Conduct for Judges, whose content shall be formulated through consultation by the Judicial Yuan with judges' representatives from across the nation.
Article 14
A judge shall take the oath under the law when inaugurated. The oath shall read as follows: "I do hereby solemnly declare that I accept the appointment of the State, and that I will faithfully abide by the Constitution and the laws, uphold the unbiased and independent spirit, be fair, incorrupt, diligent and prudent in executing the duties of a judge. I am willing to accept the most severe penalties for breaking of this oath."
Article 15
A judge shall not participate in any political party, political organization, or their activities during the term of services, and shall withdraw therefrom if already joined before being appointed.
Any judge who seeks election for any kind of public office shall resign from the judgeship position or retire or take severance in accordance with the law before the anniversary of serving term in the respective public office. Any judge who participates in a re-election , special election , or the legislature election following the dissolution of the Legislative Yuan by the President shall do the same before submitting the registration for that election.
No judge may be registered as a candidate for the election of public office for violation of the preceding paragraph provision.
Any judge who seeks election for any kind of public office shall resign from the judgeship position or retire or take severance in accordance with the law before the anniversary of serving term in the respective public office. Any judge who participates in a re-election , special election , or the legislature election following the dissolution of the Legislative Yuan by the President shall do the same before submitting the registration for that election.
No judge may be registered as a candidate for the election of public office for violation of the preceding paragraph provision.
Article 16
No judge may concurrently serve the following positions or perform duties for the following businesses:
1. Legislative representative at central or all local levels.
2. Positions not to be served concurrently under the Civil Servants Service Act.
3. Commissioner of the legal or administrative appeals commission for agencies other than the judiciary, or commissioner of the Civil Servants Protection and Training Commission.
4. Director, supervisor, or other executive position at all levels of private schools.
5. Other position or duty that may be sufficient to impact on the independence of justice or incompatible with the professional ethics or occupational dignity for a judge.
1. Legislative representative at central or all local levels.
2. Positions not to be served concurrently under the Civil Servants Service Act.
3. Commissioner of the legal or administrative appeals commission for agencies other than the judiciary, or commissioner of the Civil Servants Protection and Training Commission.
4. Director, supervisor, or other executive position at all levels of private schools.
5. Other position or duty that may be sufficient to impact on the independence of justice or incompatible with the professional ethics or occupational dignity for a judge.
Article 17
A judge must seek approval of the agency he/she serves for concurrently taking position other than stipulated in the preceding article. The Justices, presidents of courts at all levels, and agency chiefs must seek approval of the Judicial Yuan.
Article 18
A judge may not engage in any act detrimental to the dignity of the position or credibility, and must strictly adhere to the duty of confidentiality.
The duty of confidentiality referred to in the preceding paragraph must continuously be adhered to even after leaving the position.
The duty of confidentiality referred to in the preceding paragraph must continuously be adhered to even after leaving the position.
Article 19
A judge is subject to supervision of duties to the extent that there is no influence on judicial independence. The supervision of duties includes prohibiting a judge from committing illegal conduct while carrying out duties, correcting a judge's improper speech or conduct, and prompting a judge to expedite the execution of duties in accordance with the law.
A judge may request the Disciplinary Chamber of the Judiciary to revoke the supervision of duties on the ground that the supervision has undermined the judicial independence.
A judge may request the Disciplinary Chamber of the Judiciary to revoke the supervision of duties on the ground that the supervision has undermined the judicial independence.
Article 20
The supervision of judges shall be carried out in accordance with the following:
1. The President of the Judicial Yuan supervises judges of courts at all levels and the commissioners of the Public Functionary Disciplinary Sanction Commission.
2. The President of the Supreme Court supervises the judges of that court.
3. The President of the Supreme Administrative Court supervises the judges of that court.
4. The President of the Disciplinary Court supervises the judges of that court.
5. The President of the High Court supervises the judges of that court, its branch courts, the district courts, and the branch district courts within its jurisdiction.
6. The president of a branch High Court supervises the judges of that court, the district courts, and the branch district courts within its jurisdiction.
7. The President of the High Administrative Court supervises the judges of that court and the branch courts within its jurisdiction.
8. The president of a branch High Administrative Courts supervises the judges of that court.
9. The president of the specialized court supervises the judges of that court.
10. The president of a district court supervises the judges of that court and its branch courts.
11. The president of a branch district court supervises the judges of that branch court.
1. The President of the Judicial Yuan supervises judges of courts at all levels and the commissioners of the Public Functionary Disciplinary Sanction Commission.
2. The President of the Supreme Court supervises the judges of that court.
3. The President of the Supreme Administrative Court supervises the judges of that court.
4. The President of the Disciplinary Court supervises the judges of that court.
5. The President of the High Court supervises the judges of that court, its branch courts, the district courts, and the branch district courts within its jurisdiction.
6. The president of a branch High Court supervises the judges of that court, the district courts, and the branch district courts within its jurisdiction.
7. The President of the High Administrative Court supervises the judges of that court and the branch courts within its jurisdiction.
8. The president of a branch High Administrative Courts supervises the judges of that court.
9. The president of the specialized court supervises the judges of that court.
10. The president of a district court supervises the judges of that court and its branch courts.
11. The president of a branch district court supervises the judges of that branch court.
Article 21
The individuals having the supervision authority from the preceding article may take the following measures to the supervised judge:
1. To issue an order urging the judge to take notice on matters concerning his/her duty.
2. To issue a warning for violation of the duties of a judge, tardiness in carrying out duties, or misconducts.
For the protection of people's rights to litigate and to serve in a public office, the president of a court or branch court at all levels may submit a delayed and undecided case to the Council of Judges and reassign the case to other judge(s) at the same court, or to take other appropriate disposition.
1. To issue an order urging the judge to take notice on matters concerning his/her duty.
2. To issue a warning for violation of the duties of a judge, tardiness in carrying out duties, or misconducts.
For the protection of people's rights to litigate and to serve in a public office, the president of a court or branch court at all levels may submit a delayed and undecided case to the Council of Judges and reassign the case to other judge(s) at the same court, or to take other appropriate disposition.
Article 22
In the event a judge under supervision committed material acts stipulated under Paragraph 1, Section 2 of the preceding article, the individual having the supervising authority under Article 20 may, in the name of the affiliated agency, request the Judicial Evaluation Committee to initiate an evaluation, or transfer the matter to the Judicial Yuan for disposition in accordance with Article 51, Paragraphs 2 and 3.
The violation is deemed to be material if a judge should recommit the matters stipulated under Paragraph 1, Section 2 of the preceding article within one year since the issuance of the warning, or have accumulated three warnings.
The violation is deemed to be material if a judge should recommit the matters stipulated under Paragraph 1, Section 2 of the preceding article within one year since the issuance of the warning, or have accumulated three warnings.
Article 23
The Justices of the Judicial Yuan shall promulgate the Implementing Regulations for the Self-Discipline of the Justices on such relevant matters as issues subject to self-discipline, review procedures, formulation of resolution(s), and categorization of dispositions.
The regulations referred to in the preceding paragraph shall be promulgated through resolution by a quorum of two-thirds of the incumbent Justices and two-thirds of those who are present; the same applies in amending the Regulations.
The Judicial Yuan shall promulgate the Implementing Regulations for the Self-Discipline of Judges at the Courts of All Levels on such relevant matters as issues subject to self-discipline, review procedures, formulation of resolution(s), and categorization of dispositions for the judges of the Disciplinary Court and judges at all levels.
The regulations referred to in the preceding paragraph shall be promulgated through resolution by a quorum of two-thirds of the incumbent Justices and two-thirds of those who are present; the same applies in amending the Regulations.
The Judicial Yuan shall promulgate the Implementing Regulations for the Self-Discipline of Judges at the Courts of All Levels on such relevant matters as issues subject to self-discipline, review procedures, formulation of resolution(s), and categorization of dispositions for the judges of the Disciplinary Court and judges at all levels.
Chapter 4 Council of Judges
Article 24
The respective court and its branch courts shall each install a Council of Judges to resolve the following matters:
1. Allocation of judicial affairs for the next year, acting sequence, and assignment of judges for the penal trial in accordance with the law and regulations promulgated by the Judicial Yuan on the assignment of judicial affairs.
2. Recommendations for the judges' evaluations.
3. Recommendations for the supervisory disposition of a judge under Article 21.
4. Other recommendations having material impact on the rights and obligations of judges.
The individuals to whom the resolution referred to in Section 1 of the preceding paragraph is directed do not include those judges being detailed to other agencies for special assignments.
If it should be necessary to alter the judicial assignments due to the increase or decrease of caseload after the annual allocation is done, the president of a court may make such adjustment after consulting with related division-chief judges and other judges, provided, however, that in the event a large scale alteration of judicial assignments for judges is necessary due to transfer or relocation of judges, the adjustment shall be subject to the resolution by the Council of Judges.
Where the president of a court believes a resolution of the Council of Judges concerning matters stipulated in Paragraph 1, Section 1 or the proviso to Paragraph 3 is in violation of the law, the president shall, within five days since the resolution, submit in writing and attach with ratio decidendi to the Council of Judges for reconsideration. If the original resolution is affirmed by a quorum of two-thirds of judges and a vote of more than three-fourths of those present, the president may, within five days since the affirmation is rendered, petition the Disciplinary Chamber of the Judiciary for a declaratory resolution that the affirmation violates the law.
Once a resolution of the Council of Judges concerning matters stipulated in Paragraph 1, Section 1 or the proviso to Paragraph 3 is declared unlawful by the Disciplinary Chamber of the Judiciary, that resolution shall be null and void. Where the Council of Judges does not resolve on the reconsideration within fifteen days upon receipt of the written request, or does not affirm the original resolution, the original resolution shall become invalid.
Under the circumstances stipulated in the preceding paragraph, the president of the court may provide an alternative judicial assignment proposal in lieu of the original resolution.
In reviewing a petition under Paragraph 4, the Disciplinary Chamber of the Judiciary shall issue its ruling within thirty days upon admission of the petition, and may do so without oral argument.
The president of a court shall reject the recommendations in a resolution of the Council of Judges concerning matters stipulated in Paragraph 1, Sections 2 to 4, if deemed to be in violation of the law or difficult to enforce, and shall provide in writing or through other appropriate means, an explanation within one month.
1. Allocation of judicial affairs for the next year, acting sequence, and assignment of judges for the penal trial in accordance with the law and regulations promulgated by the Judicial Yuan on the assignment of judicial affairs.
2. Recommendations for the judges' evaluations.
3. Recommendations for the supervisory disposition of a judge under Article 21.
4. Other recommendations having material impact on the rights and obligations of judges.
The individuals to whom the resolution referred to in Section 1 of the preceding paragraph is directed do not include those judges being detailed to other agencies for special assignments.
If it should be necessary to alter the judicial assignments due to the increase or decrease of caseload after the annual allocation is done, the president of a court may make such adjustment after consulting with related division-chief judges and other judges, provided, however, that in the event a large scale alteration of judicial assignments for judges is necessary due to transfer or relocation of judges, the adjustment shall be subject to the resolution by the Council of Judges.
Where the president of a court believes a resolution of the Council of Judges concerning matters stipulated in Paragraph 1, Section 1 or the proviso to Paragraph 3 is in violation of the law, the president shall, within five days since the resolution, submit in writing and attach with ratio decidendi to the Council of Judges for reconsideration. If the original resolution is affirmed by a quorum of two-thirds of judges and a vote of more than three-fourths of those present, the president may, within five days since the affirmation is rendered, petition the Disciplinary Chamber of the Judiciary for a declaratory resolution that the affirmation violates the law.
Once a resolution of the Council of Judges concerning matters stipulated in Paragraph 1, Section 1 or the proviso to Paragraph 3 is declared unlawful by the Disciplinary Chamber of the Judiciary, that resolution shall be null and void. Where the Council of Judges does not resolve on the reconsideration within fifteen days upon receipt of the written request, or does not affirm the original resolution, the original resolution shall become invalid.
Under the circumstances stipulated in the preceding paragraph, the president of the court may provide an alternative judicial assignment proposal in lieu of the original resolution.
In reviewing a petition under Paragraph 4, the Disciplinary Chamber of the Judiciary shall issue its ruling within thirty days upon admission of the petition, and may do so without oral argument.
The president of a court shall reject the recommendations in a resolution of the Council of Judges concerning matters stipulated in Paragraph 1, Sections 2 to 4, if deemed to be in violation of the law or difficult to enforce, and shall provide in writing or through other appropriate means, an explanation within one month.
Article 25
The Council of Judges shall be composed of all judges actually conducting cases, chaired by the president of the court, chairperson and convened semiannually, except that no meeting may be convened if there should be no item on the agenda. When necessary, an ad hoc meeting may be convened by the chairperson or the proposition of more than one-fifth of the judges.
Except the affirmation under Paragraph 4 of the preceding article, a resolution of the Council of Judges shall be reached with a quorum of more than half of the judges and consented to by more than half of those present. The chairperson shall enter the vote in the event of a tie. For judges who cannot attend with cause, a proxy may be submitted to delegate the attendance to other judges, provided, however, that each judge may only delegate to one other judge.
The number of proxies shall not exceed one-third of the quorum referred to in the preceding paragraph.
Except the affirmation under Paragraph 4 of the preceding article, a resolution of the Council of Judges shall be reached with a quorum of more than half of the judges and consented to by more than half of those present. The chairperson shall enter the vote in the event of a tie. For judges who cannot attend with cause, a proxy may be submitted to delegate the attendance to other judges, provided, however, that each judge may only delegate to one other judge.
The number of proxies shall not exceed one-third of the quorum referred to in the preceding paragraph.
Article 26
The Council of Judges may establish a Task Force on Judicial Affairs Assignment or other task force to study matters stipulated under the respective sections of Article 24, Paragraph 1 and submits its opinions to the Council of Judges for resolution.
In the event of occurrences provided in the proviso to Article 24, Paragraph 3, the Task Force referred to in the preceding paragraph may also draft the alternative assignment proposal(s) and submit to the Council of Judges for resolution.
The assignment proposals referred to in the preceding two paragraphs shall take into consideration the need of trial affairs, the expertise of the undertaking judges, stability in carrying out duties, and fairness on the burden of workload.
The Task Force referred to in Paragraph 1 shall be composed of judges' representatives for the term of one year. The numbers and re-electability shall be determined by the Council of Judges.
The judges' representatives referred to in the preceding paragraph shall include the president of the court as an ex officio representative, one-third to be designated by the president, and two-thirds selected by the methods determined by the Council of Judges.
In the event of occurrences provided in the proviso to Article 24, Paragraph 3, the Task Force referred to in the preceding paragraph may also draft the alternative assignment proposal(s) and submit to the Council of Judges for resolution.
The assignment proposals referred to in the preceding two paragraphs shall take into consideration the need of trial affairs, the expertise of the undertaking judges, stability in carrying out duties, and fairness on the burden of workload.
The Task Force referred to in Paragraph 1 shall be composed of judges' representatives for the term of one year. The numbers and re-electability shall be determined by the Council of Judges.
The judges' representatives referred to in the preceding paragraph shall include the president of the court as an ex officio representative, one-third to be designated by the president, and two-thirds selected by the methods determined by the Council of Judges.
Article 27
Where judges' representatives referred to in the preceding article can no longer carry out duties due to transfer or other reasons, the vacancies shall be filled respectively in accordance with the same method of selection and for the rest of the term.
Article 28
The president of the court or his/her designee shall chair the meetings of the Task Force on Judicial Affairs Assignment A resolution of the meeting requires a quorum of more than two-thirds of the judges' representatives and consent by more than half of those present. The chairperson shall enter the vote in the event of a tie.
Article 29
The Judicial Yuan shall promulgate the procedure rules for the Council of Judges, enforcement of resolutions and recommendations as well as related matters concerning the composition and operations of the Task Force on Judicial Affairs Assignment or other task forces.
Chapter 5 Judge's Evaluation
Article 30
The Judicial Yuan shall establish the Judicial Evaluation Committee to conduct the evaluation of judges.
An individual case evaluation shall be conducted on the judge who has any of the following circumstances:
1. For cases with final adjudications or cases that have been pending without final adjudications for more than six years since the date of the filing of action of the first instance, there are sufficient facts to conclude the existence of obvious errors, committed intentionally or with gross negligence, which causes a serious infringement on the rights and interests of the people.
2. Severe violations of Subparagraph 2, Paragraph 1 of Article 21.
3. Violations of Paragraphs 2 and 3 of Article 15.
4. Severe violations of Paragraph 1 of Article 15, Article 16, or Article 18.
5. Severe violations of rules for case management procedures or rules for duties.
6. Undue delay of the case process without proper justification which severely affects the rights and interests of the parties.
7. Severe violations of ethical rules for judges.
Legal opinions on the application of law shall not be taken into consideration as the basis of individual case evaluation of judges.
An individual case evaluation shall be conducted on the judge who has any of the following circumstances:
1. For cases with final adjudications or cases that have been pending without final adjudications for more than six years since the date of the filing of action of the first instance, there are sufficient facts to conclude the existence of obvious errors, committed intentionally or with gross negligence, which causes a serious infringement on the rights and interests of the people.
2. Severe violations of Subparagraph 2, Paragraph 1 of Article 21.
3. Violations of Paragraphs 2 and 3 of Article 15.
4. Severe violations of Paragraph 1 of Article 15, Article 16, or Article 18.
5. Severe violations of rules for case management procedures or rules for duties.
6. Undue delay of the case process without proper justification which severely affects the rights and interests of the parties.
7. Severe violations of ethical rules for judges.
Legal opinions on the application of law shall not be taken into consideration as the basis of individual case evaluation of judges.
Article 31
(Deleted)
Article 32
The Judicial Yuan shall conduct a group performance rating among the various levels of courts once every three years and publicizethe results as the reference of performance rating for the presidents of various levels of courts.
The Judicial Yuan shall promulgate the criteria, items, and methods for the performance grading referred to in the preceding paragraph.
The Judicial Yuan shall promulgate the criteria, items, and methods for the performance grading referred to in the preceding paragraph.
Article 33
The Judicial Evaluation Committee shall be composed of three judges, one prosecutor, three attorneys, as well as six scholars and social representatives; the members of the Evaluation Committee shall serve a two-year term and may be re-commissioned for another term.
The members of the Evaluation Committee who have one of the following circumstances shall recuse themselves and shall not perform their duties:
1. The member of the Evaluation Committee or his/her spouse, former spouse, or unmarried spouse is a party to the case involved in the evaluation event.
2. The member of the Evaluation Committee is or was the blood relative within the eighth degree of kinship or the relative by marriage within the fifth degree of kinship of the judge being evaluated or of the petitioner.
3. The member of the Evaluation Committee or his/her spouse, former spouse, or unmarried spouse has a relationship with the parties as a joint right holder, joint obligor, or debtor concerning the case involved in the evaluation event.
4. In the case involved in the evaluation event, the member of the Evaluation Committee is currently or had once been the agent, defender, assistant ad litem or parent, or family member of the party concerned.
5. The member of the Evaluation Committee had once been a witness or appraiser in the case involved in the evaluation event.
6. The member of the Evaluation Committee had once participated in the self-disciplinary procedure for judges of the evaluation event.
7. The member of the Evaluation Committee is currently in office or had once been appointed for the last three years to handle various cases undertaken by the judge to be evaluated.
In the following circumstances, the petitioner or the judge to be evaluated may petition for the recusal of the member of the Evaluation Committee:
1. The member of the Evaluation Committee falls within any of the circumstances specified in the preceding paragraph but fails to recuse him/herself.
2. The member of the Evaluation Committee has circumstances other than those specified in the preceding paragraph, which is sufficient to believe that the performance of his/her duties may be biased.
If the Judicial Evaluation Committee is in the opinion that the member of the Evaluation Committee has reasons to recuse him/herself, or upon the petition of the preceding paragraph, it shall adopt a decision on whether to grant the recusal, provided that the member of the Evaluation Committee who is the target for the recusal petition shall not participate in such a resolution.
The resolution in the preceding paragraph shall not be appealed.
The members of the Evaluation Committee who have one of the following circumstances shall recuse themselves and shall not perform their duties:
1. The member of the Evaluation Committee or his/her spouse, former spouse, or unmarried spouse is a party to the case involved in the evaluation event.
2. The member of the Evaluation Committee is or was the blood relative within the eighth degree of kinship or the relative by marriage within the fifth degree of kinship of the judge being evaluated or of the petitioner.
3. The member of the Evaluation Committee or his/her spouse, former spouse, or unmarried spouse has a relationship with the parties as a joint right holder, joint obligor, or debtor concerning the case involved in the evaluation event.
4. In the case involved in the evaluation event, the member of the Evaluation Committee is currently or had once been the agent, defender, assistant ad litem or parent, or family member of the party concerned.
5. The member of the Evaluation Committee had once been a witness or appraiser in the case involved in the evaluation event.
6. The member of the Evaluation Committee had once participated in the self-disciplinary procedure for judges of the evaluation event.
7. The member of the Evaluation Committee is currently in office or had once been appointed for the last three years to handle various cases undertaken by the judge to be evaluated.
In the following circumstances, the petitioner or the judge to be evaluated may petition for the recusal of the member of the Evaluation Committee:
1. The member of the Evaluation Committee falls within any of the circumstances specified in the preceding paragraph but fails to recuse him/herself.
2. The member of the Evaluation Committee has circumstances other than those specified in the preceding paragraph, which is sufficient to believe that the performance of his/her duties may be biased.
If the Judicial Evaluation Committee is in the opinion that the member of the Evaluation Committee has reasons to recuse him/herself, or upon the petition of the preceding paragraph, it shall adopt a decision on whether to grant the recusal, provided that the member of the Evaluation Committee who is the target for the recusal petition shall not participate in such a resolution.
The resolution in the preceding paragraph shall not be appealed.
Article 34
The means of selection of the committee member shall be as follows:
1. Judge representatives shall be voted by all judges.
2. Prosecutor representatives shall be voted by all prosecutors.
3. Attorney representatives shall be recommended respectively by local bar associations with one to three candidates, which nomination is to be submitted to the Taiwan Bar Association for the voting by attorneys nationwide.
4. Scholars and social representatives shall be recommended respectively by the Ministry of Justice and the Taiwan Bar Association with six candidates other than judges, prosecutors, and attorneys, which nomination is to be submitted to the President of the Judicial Yuan for selection and appointment.
Candidates shall not serve as committee members in the preceding paragraph with one of the followings circumstances:
1. Being current presidents of courts and their branches at all levels.
2. Being current chief prosecutors of prosecutors' offices and their branches at all levels.
3. Being current directors general of the national and local bar associations.
4. Being civil servants other than the ones referred to in Subparagraphs 1 and 2 in the preceding paragraph. However, faculty and research personnel of public schools at all levels and academic and research institutions shall not apply thereto.
5. Being staff members of political parties.
When the President of the Judicial Yuan appoints by means of selecting the committee members in Subparagraph 4 of Paragraph 1, the number of each gender of the members shall not be less than one-third of all the committee members.
The Judicial Yuan, the Executive Yuan, and the Taiwan Bar Association shall respectively formulate regulations concerning the qualifications, election procedures, filling of vacancies of members of the Evaluation Committee, and other related matters.
1. Judge representatives shall be voted by all judges.
2. Prosecutor representatives shall be voted by all prosecutors.
3. Attorney representatives shall be recommended respectively by local bar associations with one to three candidates, which nomination is to be submitted to the Taiwan Bar Association for the voting by attorneys nationwide.
4. Scholars and social representatives shall be recommended respectively by the Ministry of Justice and the Taiwan Bar Association with six candidates other than judges, prosecutors, and attorneys, which nomination is to be submitted to the President of the Judicial Yuan for selection and appointment.
Candidates shall not serve as committee members in the preceding paragraph with one of the followings circumstances:
1. Being current presidents of courts and their branches at all levels.
2. Being current chief prosecutors of prosecutors' offices and their branches at all levels.
3. Being current directors general of the national and local bar associations.
4. Being civil servants other than the ones referred to in Subparagraphs 1 and 2 in the preceding paragraph. However, faculty and research personnel of public schools at all levels and academic and research institutions shall not apply thereto.
5. Being staff members of political parties.
When the President of the Judicial Yuan appoints by means of selecting the committee members in Subparagraph 4 of Paragraph 1, the number of each gender of the members shall not be less than one-third of all the committee members.
The Judicial Yuan, the Executive Yuan, and the Taiwan Bar Association shall respectively formulate regulations concerning the qualifications, election procedures, filling of vacancies of members of the Evaluation Committee, and other related matters.
Article 35
Where judges have any of the circumstances in Paragraph 2 of Article 30, the following individuals, agencies, or organizations may, if they deem it necessary, file a petition to the Judicial Evaluation Committee to request it to initiate an individual case evaluation:
1. Three or more judges from the same agency where the judge to be evaluated is affiliated.
2. The affiliated agency, the superior agency, or the prosecutors' office is the counterpart of the affiliated court of the judge to be evaluated.
3. The local bar association within the jurisdiction of the court with which the judge to be evaluated is affiliated or the national bar association.
4. Parties other than prosecutors or victims of criminal offenses in cases that were undertaken and have been concluded by the judge to be evaluated.
With regard to the various circumstances in Paragraph 2 of Article 30, a judge may file a petition to the agency with which he/she is affiliated to petition the Judicial Evaluation Committee to initiate an individual case evaluation if he/she deems it necessary to clarify matters.
The petition referred to in the preceding two paragraphs shall be submitted in writing together with the transcripts that state the following items and be enclosed with relevant materials:
1. The name and domicile or residence of the petitioner, and the name of the affiliated agency; where the petitioner is an agency or organization, the name thereof, the name of its representative, and the location of the agency or organization.
2. The name of the judge to be evaluated and the name of the affiliated agency or the agency where the fact to be evaluated occurred.
3. Specific facts related to the circumstances listed in various subparagraphs of Paragraph 2 of Article 30.
4. The date of filing the petition for evaluation.
Where the petition for an individual case evaluation falls under any of the following circumstances, the Judicial Evaluation Committee shall decide not to accept the case:
1. There is no specific content, real name, or address.
2. The petition is being filed again for the same cause after the Judicial Evaluation Committee has resolved not to submit the case for evaluation.
In handling the petition for the individual evaluation, it shall first review whether there is any ground to dismiss the case or deny the evaluation in accordance with the preceding paragraph and the provisions in Article 37, and shall not forthwith engage in the investigation or notify the judge to be evaluated to express his/her opinions.
When the Judicial Evaluation Committee reviews the individual case evaluation, out of the necessity to determine the pattern of misconduct or under the circumstances that it is known that the judge to be evaluated has other circumstances that should be evaluated, the misconduct unsolicited in the petition may be combined into the investigation and review.
1. Three or more judges from the same agency where the judge to be evaluated is affiliated.
2. The affiliated agency, the superior agency, or the prosecutors' office is the counterpart of the affiliated court of the judge to be evaluated.
3. The local bar association within the jurisdiction of the court with which the judge to be evaluated is affiliated or the national bar association.
4. Parties other than prosecutors or victims of criminal offenses in cases that were undertaken and have been concluded by the judge to be evaluated.
With regard to the various circumstances in Paragraph 2 of Article 30, a judge may file a petition to the agency with which he/she is affiliated to petition the Judicial Evaluation Committee to initiate an individual case evaluation if he/she deems it necessary to clarify matters.
The petition referred to in the preceding two paragraphs shall be submitted in writing together with the transcripts that state the following items and be enclosed with relevant materials:
1. The name and domicile or residence of the petitioner, and the name of the affiliated agency; where the petitioner is an agency or organization, the name thereof, the name of its representative, and the location of the agency or organization.
2. The name of the judge to be evaluated and the name of the affiliated agency or the agency where the fact to be evaluated occurred.
3. Specific facts related to the circumstances listed in various subparagraphs of Paragraph 2 of Article 30.
4. The date of filing the petition for evaluation.
Where the petition for an individual case evaluation falls under any of the following circumstances, the Judicial Evaluation Committee shall decide not to accept the case:
1. There is no specific content, real name, or address.
2. The petition is being filed again for the same cause after the Judicial Evaluation Committee has resolved not to submit the case for evaluation.
In handling the petition for the individual evaluation, it shall first review whether there is any ground to dismiss the case or deny the evaluation in accordance with the preceding paragraph and the provisions in Article 37, and shall not forthwith engage in the investigation or notify the judge to be evaluated to express his/her opinions.
When the Judicial Evaluation Committee reviews the individual case evaluation, out of the necessity to determine the pattern of misconduct or under the circumstances that it is known that the judge to be evaluated has other circumstances that should be evaluated, the misconduct unsolicited in the petition may be combined into the investigation and review.
Article 36
The petition for an individual case evaluation of the judge shall be filed within the following periods of time:
1. For petitions not involved in cases undertaken by the judge to be evaluated, they shall be filed within three years from the end of the fact to be evaluated.
2. For petitions involved in cases undertaken by the judge to be evaluated and not concluded with adjudication, they shall be filed within three years from the day when such cases are concluded.
3. For petitions involved in cases undertaken by the judge to be evaluated and concluded with adjudication, they shall be filed within three years from the day when the adjudications on such cases become final and binding. However, no petitions shall be filed if more than six years have passed since the conclusion of the case.
4. For circumstances under Subparagraph 1, Paragraph 2 of Article 30, petitions shall be filed within three years from the day when the adjudication becomes final and binding or when six years have passed since the action was filed.
If the facts to be evaluated are not submitted for evaluation due to the passing of statutes of limitations for petitions under the preceding paragraph, it shall not affect the exercise of judicial supervisory authority or submission to disciplinary proceedings.
1. For petitions not involved in cases undertaken by the judge to be evaluated, they shall be filed within three years from the end of the fact to be evaluated.
2. For petitions involved in cases undertaken by the judge to be evaluated and not concluded with adjudication, they shall be filed within three years from the day when such cases are concluded.
3. For petitions involved in cases undertaken by the judge to be evaluated and concluded with adjudication, they shall be filed within three years from the day when the adjudications on such cases become final and binding. However, no petitions shall be filed if more than six years have passed since the conclusion of the case.
4. For circumstances under Subparagraph 1, Paragraph 2 of Article 30, petitions shall be filed within three years from the day when the adjudication becomes final and binding or when six years have passed since the action was filed.
If the facts to be evaluated are not submitted for evaluation due to the passing of statutes of limitations for petitions under the preceding paragraph, it shall not affect the exercise of judicial supervisory authority or submission to disciplinary proceedings.
Article 37
The Judicial Evaluation Committee shall adopt the resolution to deny petitions for the individual case evaluation under any of the following circumstances:
1. The petition for the individual case evaluation does not conform to the provisions of Paragraphs 1 to 3 of Article 35.
2. The petition for the individual case evaluation has exceeded the time limit stipulated in Paragraph 1 of the preceding Article.
3. The petition is out of the scope of an individual case evaluation of judges.
4. The petition is for the purpose of seeking legal opinions.
5. The petition is a resubmission for evaluation on matters already adjudicated by the Disciplinary Chamber of the Judiciary, impeached by the Control Yuan, or resolved by the Judicial Evaluation Committee.
6. Death of the judge to be evaluated.
7. The petition is apparently groundless.
1. The petition for the individual case evaluation does not conform to the provisions of Paragraphs 1 to 3 of Article 35.
2. The petition for the individual case evaluation has exceeded the time limit stipulated in Paragraph 1 of the preceding Article.
3. The petition is out of the scope of an individual case evaluation of judges.
4. The petition is for the purpose of seeking legal opinions.
5. The petition is a resubmission for evaluation on matters already adjudicated by the Disciplinary Chamber of the Judiciary, impeached by the Control Yuan, or resolved by the Judicial Evaluation Committee.
6. Death of the judge to be evaluated.
7. The petition is apparently groundless.
Article 38
The Judicial Evaluation Committee shall resolve to deny the petition if the judge is deemed not to have any of the situations stipulated in Article 30, Paragraph 2. Where necessary, the petition may be forwarded to the duty supervisor for proper dispositions in accordance with Article 21.
Article 39
The Judicial Evaluation Committee may adopt the following resolutions if it deems that the judge has any of the various circumstances in Paragraph 2 of Article 30:
1. Where disciplinary measures are necessary, the case shall be forwarded by the Judicial Yuan and submitted to the Disciplinary Chamber of the Judiciary for review. The types of disciplinary measures may be recommended in such submission for review.
2. Where disciplinary measures are not necessary, the case shall be forwarded by the Judicial Yuan and transferred to the Judicial Personnel Review Committee for review. The types of disposition measures may be recommended in such a transfer for review.
In the case of the first subparagraph of the preceding paragraph, the Judicial Yuan shall inform the Control Yuan of the resolution adopted.
Before the resolution referred to in Paragraph 1 is adopted, the judge to be evaluated shall be afforded an opportunity to express his/her opinions.
1. Where disciplinary measures are necessary, the case shall be forwarded by the Judicial Yuan and submitted to the Disciplinary Chamber of the Judiciary for review. The types of disciplinary measures may be recommended in such submission for review.
2. Where disciplinary measures are not necessary, the case shall be forwarded by the Judicial Yuan and transferred to the Judicial Personnel Review Committee for review. The types of disposition measures may be recommended in such a transfer for review.
In the case of the first subparagraph of the preceding paragraph, the Judicial Yuan shall inform the Control Yuan of the resolution adopted.
Before the resolution referred to in Paragraph 1 is adopted, the judge to be evaluated shall be afforded an opportunity to express his/her opinions.
Article 40
The Judicial Yuan shall, in accordance with the resolution adopted by the Judicial Evaluation Committee under the preceding Article, enclose the relevant materials of the judge under the individual case evaluation and submit the case to the Disciplinary Chamber of the Judiciary for review or transfer the case to the Judicial Personnel Review Committee for review respectively.
Article 41
The resolution of the Judicial Evaluation Committee, unless otherwise stipulated in this Act, shall be adopted by the attendance of one-half or more of the total committee members and with the consent of more than half of the committee members in attendance.
The Judicial Evaluation Committee may make the decision in Paragraph 4 of Article 35 and to adopt the resolution in Article 37 based on the review of three of its members and the consensus of such three members. The composition of such three members shall be determined by the Committee.
The Judicial Evaluation Committee shall adopt the resolutions in Articles 38 and 39 based on the attendance of two-thirds or more of the total committee members and the consent of more than half of the committee members in attendance.
The total number of the committee members referred to in Paragraphs 1 and 3 shall exclude vacancies resulting from those who are not appointed or elected in accordance with the regulations, discharged of duty, deceased or recused during the voting or their term of office, provided that the total number shall be no less than eight.
The Judicial Evaluation Committee may make the decision in Paragraph 4 of Article 35 and to adopt the resolution in Article 37 based on the review of three of its members and the consensus of such three members. The composition of such three members shall be determined by the Committee.
The Judicial Evaluation Committee shall adopt the resolutions in Articles 38 and 39 based on the attendance of two-thirds or more of the total committee members and the consent of more than half of the committee members in attendance.
The total number of the committee members referred to in Paragraphs 1 and 3 shall exclude vacancies resulting from those who are not appointed or elected in accordance with the regulations, discharged of duty, deceased or recused during the voting or their term of office, provided that the total number shall be no less than eight.
Article 41-1
The Judicial Evaluation Committee may conduct necessary investigations upon the petition of the judge under evaluation and the petitioner or ex officio, and notify related parties to appear for explanations; the information acquired from the investigation, unless otherwise provided by laws or regulations, shall not be provided to other agencies, organizations, or individuals, or shall not be made available for browsing or transcribing.
Petitions made by judges under evaluation and petitioners to appear at the meeting for making statements of opinions shall not be denied unless they are obviously unnecessary; the making of statements may be restricted at the meeting if it involves improper words and conduct.
The petitioner may file a petition for the delivery of the opinion submitted by the judge under evaluation. The Judicial Evaluation Committee shall not restrict or deny such a petition without a legitimate reason; if it consents to the delivery, a reasonable period of time shall also be given to the judge under evaluation to express his/her opinions.
The judge under evaluation and the petitioner may file a petition for reading, transcribing, photocopying or video recording the materials acquired from the investigation in Paragraph 1. However, the Judicial Evaluation Committee may restrict or deny the petition under one of the following circumstances:
1. Drafts composed before the resolution on the individual case evaluation is to be adopted.
2. Preparatory documents or documents to be reviewed for adopting resolutions on the individual case evaluation.
3. It is necessary to protect the legitimate rights and interests of third parties.
4. It is otherwise required to keep it confidential pursuant to the law or based on the public interest.
The information acquired from the petition pursuant to the preceding paragraph shall be kept confidential.
The evaluation procedures with regard to the investigation of facts and evidence, dates and periods, and service of process shall apply mutatis mutandis to the provisions of the Administrative Procedure Act unless otherwise provided in this Act.
Petitions made by judges under evaluation and petitioners to appear at the meeting for making statements of opinions shall not be denied unless they are obviously unnecessary; the making of statements may be restricted at the meeting if it involves improper words and conduct.
The petitioner may file a petition for the delivery of the opinion submitted by the judge under evaluation. The Judicial Evaluation Committee shall not restrict or deny such a petition without a legitimate reason; if it consents to the delivery, a reasonable period of time shall also be given to the judge under evaluation to express his/her opinions.
The judge under evaluation and the petitioner may file a petition for reading, transcribing, photocopying or video recording the materials acquired from the investigation in Paragraph 1. However, the Judicial Evaluation Committee may restrict or deny the petition under one of the following circumstances:
1. Drafts composed before the resolution on the individual case evaluation is to be adopted.
2. Preparatory documents or documents to be reviewed for adopting resolutions on the individual case evaluation.
3. It is necessary to protect the legitimate rights and interests of third parties.
4. It is otherwise required to keep it confidential pursuant to the law or based on the public interest.
The information acquired from the petition pursuant to the preceding paragraph shall be kept confidential.
The evaluation procedures with regard to the investigation of facts and evidence, dates and periods, and service of process shall apply mutatis mutandis to the provisions of the Administrative Procedure Act unless otherwise provided in this Act.
Article 41-2
Where an individual case evaluation involves the pending case undertaken by the judge to be evaluated, the evaluation proceeding shall be imposed a stay until the said judge finalizes the said case.
The Judicial Yuan shall employ specialized personnel to assist in the review of petitions for evaluation and the investigation of the evaluation, as well as other matters related to the evaluation in accordance with the law.
In exercising the functions and powers, the Judicial Evaluation Committee shall concurrently take into consideration the full play of the evaluation functions and the procedural protections to the judge under evaluation, while not affecting judicial independence.
Unless consented to by the judge under evaluation or resolved by the Judicial Evaluation Committee, the exercise of the functions and powers in the preceding paragraph shall not be made public.
The resolution adopted by the Judicial Evaluation Committee shall be made public on the website of the Judicial Evaluation Committee. However, if other laws provide otherwise, such law shall prevail.
The Judicial Yuan shall formulate the regulations for the organization, implementing measures of the evaluation, and ethics codes for members of the Judicial Evaluation Committee.
The Judicial Yuan shall employ specialized personnel to assist in the review of petitions for evaluation and the investigation of the evaluation, as well as other matters related to the evaluation in accordance with the law.
In exercising the functions and powers, the Judicial Evaluation Committee shall concurrently take into consideration the full play of the evaluation functions and the procedural protections to the judge under evaluation, while not affecting judicial independence.
Unless consented to by the judge under evaluation or resolved by the Judicial Evaluation Committee, the exercise of the functions and powers in the preceding paragraph shall not be made public.
The resolution adopted by the Judicial Evaluation Committee shall be made public on the website of the Judicial Evaluation Committee. However, if other laws provide otherwise, such law shall prevail.
The Judicial Yuan shall formulate the regulations for the organization, implementing measures of the evaluation, and ethics codes for members of the Judicial Evaluation Committee.
Chapter 6 Protection of Judges
Article 42
A tenured judge shall not be removed from office unless having found to have of any of the followings:
1. Received final conviction and sentence for civil disturbance, treason, or intentional abuse of office.
2. Received final conviction and imprisonment sentence of a crime other than prescribed in the preceding section and is detrimental to the judgeship.
3. Received a declaration of guardianship.
A tenured judge, on the date the declaration of guardianship or assistance is announced, may retire from his position or receive severance in accordance with the relevant provisions
If an incumbent Justice should incur any of the matters stipulated in Paragraph 1, the Judicial Yuan shall, with a quorum of two-thirds of the Justices and an agreement of more than two-thirds of those present, submit a request to the President for the removal from office.
Unless provided otherwise in this Act, Paragraphs 1 and 2 shall apply, mutatis mutandis, to assistant and probationary judges.
1. Received final conviction and sentence for civil disturbance, treason, or intentional abuse of office.
2. Received final conviction and imprisonment sentence of a crime other than prescribed in the preceding section and is detrimental to the judgeship.
3. Received a declaration of guardianship.
A tenured judge, on the date the declaration of guardianship or assistance is announced, may retire from his position or receive severance in accordance with the relevant provisions
If an incumbent Justice should incur any of the matters stipulated in Paragraph 1, the Judicial Yuan shall, with a quorum of two-thirds of the Justices and an agreement of more than two-thirds of those present, submit a request to the President for the removal from office.
Unless provided otherwise in this Act, Paragraphs 1 and 2 shall apply, mutatis mutandis, to assistant and probationary judges.
Article 43
Unless provided otherwise by law, a tenured judge shall not be suspended from his/her office unless one of the following circumstances occurs:
1. Not being qualified to serve as a civil servant in accordance with the provisions of the Civil Service Employment Act.
2. Being under the circumstances stipulated in Subparagraph 5 of Article 6.
3. Being wanted or detained subject to criminal proceedings.
4. Being under the execution of the final criminal adjudication, and subject to the proclamation of imprisonment or custody, subject to the conviction but not converted to the fine as required, or subject to the pecuniary proclamation being converted to labor service in accordance with the regulations.
5. Being involved in a significant criminal offense or disciplinary conduct.
6. There are objective facts sufficient to determine that the judge cannot perform his/her duties, which has been so confirmed by the panel composed of relevant specialist doctors, scholars, and experts invited by the Judicial Yuan.
A tenured judge under legal suspension of duty may, within three months upon the extinction of the reasons for suspension, apply for reinstatement in accordance with the provisions relating to reinstatement of the Civil Service Protection Act and the Civil Service Discipline Act.
The salary and remuneration for tenured judges during the periods of suspension of duty and after the reinstatement due to factors stipulated in Subparagraphs 1 to 5 of Paragraph 1 shall apply mutatis mutandis to the Civil Service Salary and Remuneration Act; for the suspension of duty due to factors stipulated in Subparagraph 6 of Paragraph 1, one-third of the basic salary and allowance stipulated in Paragraph 1 of Article 71 shall be paid, provided that the period shall not exceed three years.
If the Justice of the Judicial Yuan is in any of the various circumstances stipulated in Paragraph 1, the Judicial Yuan shall, with the attendance of two-thirds of all the Justices and with the consent of more than half of the Justices in attendance, submit a petition to the President for the suspension of his/her duty; for the suspension of duty due to factors stipulated in Subparagraph 6 of Paragraph 1, one-third of the monthly salary and allowance stipulated in Article 72 shall be paid during the period of suspension of duty.
If the tenured judge or Justice of the Judicial Yuan commits corruption and is rendered a guilty verdict which has become final and binding, or is adjudicated by the Disciplinary Chamber of the Judiciary which has become final and binding and is subject to the disciplinary sanctions specified in Subparagraphs 1 to 3, Paragraph 1 of Article 50, the basic salary already received during the period of suspension of duty shall be returned.
1. Not being qualified to serve as a civil servant in accordance with the provisions of the Civil Service Employment Act.
2. Being under the circumstances stipulated in Subparagraph 5 of Article 6.
3. Being wanted or detained subject to criminal proceedings.
4. Being under the execution of the final criminal adjudication, and subject to the proclamation of imprisonment or custody, subject to the conviction but not converted to the fine as required, or subject to the pecuniary proclamation being converted to labor service in accordance with the regulations.
5. Being involved in a significant criminal offense or disciplinary conduct.
6. There are objective facts sufficient to determine that the judge cannot perform his/her duties, which has been so confirmed by the panel composed of relevant specialist doctors, scholars, and experts invited by the Judicial Yuan.
A tenured judge under legal suspension of duty may, within three months upon the extinction of the reasons for suspension, apply for reinstatement in accordance with the provisions relating to reinstatement of the Civil Service Protection Act and the Civil Service Discipline Act.
The salary and remuneration for tenured judges during the periods of suspension of duty and after the reinstatement due to factors stipulated in Subparagraphs 1 to 5 of Paragraph 1 shall apply mutatis mutandis to the Civil Service Salary and Remuneration Act; for the suspension of duty due to factors stipulated in Subparagraph 6 of Paragraph 1, one-third of the basic salary and allowance stipulated in Paragraph 1 of Article 71 shall be paid, provided that the period shall not exceed three years.
If the Justice of the Judicial Yuan is in any of the various circumstances stipulated in Paragraph 1, the Judicial Yuan shall, with the attendance of two-thirds of all the Justices and with the consent of more than half of the Justices in attendance, submit a petition to the President for the suspension of his/her duty; for the suspension of duty due to factors stipulated in Subparagraph 6 of Paragraph 1, one-third of the monthly salary and allowance stipulated in Article 72 shall be paid during the period of suspension of duty.
If the tenured judge or Justice of the Judicial Yuan commits corruption and is rendered a guilty verdict which has become final and binding, or is adjudicated by the Disciplinary Chamber of the Judiciary which has become final and binding and is subject to the disciplinary sanctions specified in Subparagraphs 1 to 3, Paragraph 1 of Article 50, the basic salary already received during the period of suspension of duty shall be returned.
Article 44
Unless provided by law or agreed to in person, no tenured judge may be transferred to any position other than a judgeship.
Article 45
In addition to securing the personal consent, a commissioned judge is not subject to regional transfers unless is met with one of the following causes:
1. Installation of a court, merger of courts or adjustment of staffing quota.
2. Urgent need of supplemental workforce to meet the need of adjudication.
3. Reinstatement from the extinction of legal suspension.
4. Sufficient grounds to justify the relocation.
5. Need of court business with no appropriate personnel to volunteer, to detail the judge at the same level for no more than two years, and to transfer back to the same court thereafter.
The Judicial Yuan shall promulgate regulations concerning the detailing of judges under Section 5 of the preceding paragraph. The Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the subsidiary allowances for the period of detail.
1. Installation of a court, merger of courts or adjustment of staffing quota.
2. Urgent need of supplemental workforce to meet the need of adjudication.
3. Reinstatement from the extinction of legal suspension.
4. Sufficient grounds to justify the relocation.
5. Need of court business with no appropriate personnel to volunteer, to detail the judge at the same level for no more than two years, and to transfer back to the same court thereafter.
The Judicial Yuan shall promulgate regulations concerning the detailing of judges under Section 5 of the preceding paragraph. The Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the subsidiary allowances for the period of detail.
Article 46
In addition to securing the personal consent, a tenured judge is not subject to transfer between different levels unless is met with one of the following causes:
1. To transfer to the level directly below due to the installation of a court, merger of courts or adjustment of staffing quota.
2. To strengthen the trial functions on fact finding by detailing those who have served continuously at the high court for more than two years to the court directly below.
3. The placement of the reinstated [judge] at the original court is apparently inappropriate after the cause of legal suspension is extinct.
4. Sufficient grounds to justify that the continuous serving at the original court is inappropriate.
1. To transfer to the level directly below due to the installation of a court, merger of courts or adjustment of staffing quota.
2. To strengthen the trial functions on fact finding by detailing those who have served continuously at the high court for more than two years to the court directly below.
3. The placement of the reinstated [judge] at the original court is apparently inappropriate after the cause of legal suspension is extinct.
4. Sufficient grounds to justify that the continuous serving at the original court is inappropriate.
Chapter 7 Disciplinary Chamber of the Judiciary
Article 47
The Disciplinary Court shall establish the Disciplinary Chamber of the Judiciary to be in charge of the following matters:
1. Disciplinary actions against judges.
2. Matters of complaints by judges against the revocation of appointment qualifications, removal from office, suspension of duty, discharge of duty, office transfer to positions other than judgeship, or transfer thereof.
3. Judicial supervision over matters that affect the judicial independence of judges.
4. Other matters subject to the jurisdiction of the Disciplinary Chamber of the Judiciary in accordance with the law.
No administrative action shall be filed against the adjudication rendered by the Disciplinary Chamber of the Judiciary.
1. Disciplinary actions against judges.
2. Matters of complaints by judges against the revocation of appointment qualifications, removal from office, suspension of duty, discharge of duty, office transfer to positions other than judgeship, or transfer thereof.
3. Judicial supervision over matters that affect the judicial independence of judges.
4. Other matters subject to the jurisdiction of the Disciplinary Chamber of the Judiciary in accordance with the law.
No administrative action shall be filed against the adjudication rendered by the Disciplinary Chamber of the Judiciary.
Article 48
The trial and adjudication on cases of the first instance of the Disciplinary Chamber of the Judiciary shall be conducted by a collegiate panel composed of one Judge of the Disciplinary Court as the presiding judge together with two judges as associate judges. However, when the disciplinary case against judges is on trial, two Expert Lay Judges shall be added as the members of the collegiate panel.
At least one of the judges in the collegiate panel referred to in the preceding paragraph shall be in the same trial system as the judge to be disciplined; for disciplinary cases concerning Justices of the Judicial Yuan, all associate judges shall be composed of judges from the Supreme Court or the Supreme Administrative Court.
The associate judges referred to in Paragraph 1 shall possess ten or more years of experiences as tenured judges, whose candidacy shall be recommended by the Judicial Selection Committee with a slate of three judges from ordinary courts and administrative courts respectively, to be submitted to the President of the Judicial Yuan for the appointment for a term of three years, which may be reappointed. The number thereof may be increased depending on the need of business.
The presidents of all courts shall not be the associate judge of the Disciplinary Chamber of the Judiciary.
The Expert Lay Judge referred to in the proviso of Paragraph 1 shall be selected by the Judicial Selection Committee of the Judicial Yuan with six scholars and social representatives, to be submitted to the President of the Judicial Yuan for the appointment. They shall serve a term of three years and shall not be re-appointed. The number thereof may be increased depending on the need of business.
Those who are in one of the following circumstances shall not serve as an Expert Lay Judge:
1. Being the current chairman of the national and local bar associations.
2. Being civil servants. However, faculty and research personnel of public schools at all levels and academic and research institutions shall not apply thereto.
3. Staff members of political parties.
At least one of the judges in the collegiate panel referred to in the preceding paragraph shall be in the same trial system as the judge to be disciplined; for disciplinary cases concerning Justices of the Judicial Yuan, all associate judges shall be composed of judges from the Supreme Court or the Supreme Administrative Court.
The associate judges referred to in Paragraph 1 shall possess ten or more years of experiences as tenured judges, whose candidacy shall be recommended by the Judicial Selection Committee with a slate of three judges from ordinary courts and administrative courts respectively, to be submitted to the President of the Judicial Yuan for the appointment for a term of three years, which may be reappointed. The number thereof may be increased depending on the need of business.
The presidents of all courts shall not be the associate judge of the Disciplinary Chamber of the Judiciary.
The Expert Lay Judge referred to in the proviso of Paragraph 1 shall be selected by the Judicial Selection Committee of the Judicial Yuan with six scholars and social representatives, to be submitted to the President of the Judicial Yuan for the appointment. They shall serve a term of three years and shall not be re-appointed. The number thereof may be increased depending on the need of business.
Those who are in one of the following circumstances shall not serve as an Expert Lay Judge:
1. Being the current chairman of the national and local bar associations.
2. Being civil servants. However, faculty and research personnel of public schools at all levels and academic and research institutions shall not apply thereto.
3. Staff members of political parties.
Article 48-1
Expert Lay Judges referred to in the proviso of Paragraph 1 of the preceding Article shall have the same functions and powers as judges, and shall exercise their functions and powers independently in accordance with the law without any interference.
Expert Lay Judges shall perform their duties fairly and honestly in accordance with the law, shall not act in a way detrimental to judicial justice and credibility, and shall not disclose secrets from the evaluation and other secrets known in the course of performing their duties.
If Expert Lay Judges are in one of the circumstances stipulated in Paragraph 1 of Article 42 and various subparagraphs of Paragraph 1 of Article 43, or there are specific facts and evidence that are sufficient to determine that it could be difficult to expect the performance of their duties to be fair, the President of the Judicial Yuan may, with the consent of the Judicial Selection Commission, discharge their duties.
Expert Lay Judges shall be paid for daily expenses, travel expenses, and related necessary expenses according to the number of days of their appearance in court.
The payment method of the expenses in the preceding paragraph and the code of ethics for Expert Lay Judges shall be determined by the Judicial Yuan.
Expert Lay Judges shall perform their duties fairly and honestly in accordance with the law, shall not act in a way detrimental to judicial justice and credibility, and shall not disclose secrets from the evaluation and other secrets known in the course of performing their duties.
If Expert Lay Judges are in one of the circumstances stipulated in Paragraph 1 of Article 42 and various subparagraphs of Paragraph 1 of Article 43, or there are specific facts and evidence that are sufficient to determine that it could be difficult to expect the performance of their duties to be fair, the President of the Judicial Yuan may, with the consent of the Judicial Selection Commission, discharge their duties.
Expert Lay Judges shall be paid for daily expenses, travel expenses, and related necessary expenses according to the number of days of their appearance in court.
The payment method of the expenses in the preceding paragraph and the code of ethics for Expert Lay Judges shall be determined by the Judicial Yuan.
Article 48-2
The trial and adjudication on cases of the second instance of the Disciplinary Chamber of the Judiciary shall be conducted by a collegiate panel composed of the President of the Disciplinary Court as the presiding judge together with two judges of the Supreme Court, one judge of the Supreme Administrative Court, and one Judge of the Disciplinary Court as associate judges.
The associate judges of the Supreme Court and the Supreme Administrative Court referred to in the preceding paragraph shall be selected by the Judicial Selection Committee and submitted to the President of the Judicial Yuan for the appointment for a term of three years, which may be reappointed. The number thereof may be increased depending on the need of business.
The associate judges of the Supreme Court and the Supreme Administrative Court referred to in the preceding paragraph shall be selected by the Judicial Selection Committee and submitted to the President of the Judicial Yuan for the appointment for a term of three years, which may be reappointed. The number thereof may be increased depending on the need of business.
Article 48-3
Judges who are appointed as members of the Disciplinary Chamber of the Judiciary shall be obligated to perform concurrent duties.
When the Judicial Selection Committee selects members of the Disciplinary Chamber of the Judiciary in accordance with Paragraphs 3 and 5 of Article 48, and Paragraph 2 of Article 48-2, it shall also select candidates for replacement at the same time in order to fill the vacancy when necessary, with the term of office lasting until the vacant term expires.
The allocation of workload and substitution management of the Disciplinary Chamber of the Judiciary shall be determined by all members of the Disciplinary Chamber of the Judiciary.
The selection and replacement rules for the members of the Disciplinary Chamber of the Judiciary shall be determined by the Judicial Yuan.
When the Judicial Selection Committee selects members of the Disciplinary Chamber of the Judiciary in accordance with Paragraphs 3 and 5 of Article 48, and Paragraph 2 of Article 48-2, it shall also select candidates for replacement at the same time in order to fill the vacancy when necessary, with the term of office lasting until the vacant term expires.
The allocation of workload and substitution management of the Disciplinary Chamber of the Judiciary shall be determined by all members of the Disciplinary Chamber of the Judiciary.
The selection and replacement rules for the members of the Disciplinary Chamber of the Judiciary shall be determined by the Judicial Yuan.
Article 49
Judges who are in any of the circumstances stipulated in various subparagraphs of Paragraph 2 of Article 30 shall be subject to disciplinary action when such action is deemed necessary.
The provisions in Paragraph 2 of Article 30 concerning the individual case evaluation of judges and provisions in Article 50 concerning the discipline shall also apply to judges transferred to serve as judicial administrative personnel, of retirement, or of resignation for other reasons on their conduct before the transfer, retirement or resignation.
No legal opinion on the application of law shall be taken into consideration as the basis of the cause for the disciplinary action against judges.
The conduct of the judge that is subject to disciplinary action shall not be disciplined twice for the same conduct. The original disciplinary disposition shall become invalid once the Disciplinary Chamber of the Judiciary has rendered the adjudication with disciplinary action, without disciplinary action or dismissal of the case which has become final and binding for the same conduct.
The act of the judge that is subject to disciplinary action has already been punished with criminal or administrative penalties may also be subject to disciplinary action for the same act. The same provision shall apply to the same act of the judge that is not punished with criminal or administrative penalties. However, the disciplinary action shall not be necessary for circumstances of minor violations, which would appear evidently unfair if put under the disciplinary action.
Disciplinary actions under any of the following circumstances shall be ruled to be dismissed:
1. The same conduct has already been subject to the final disciplinary judgment.
2. No discipline is deemed to be necessary once a declaration to deprive citizens' rights is finalized.
3. The statute of limitations in accordance with Article 52 on the enforcement of disciplinary action has elapsed.
4. Being in circumstances referred to in the proviso of the preceding paragraph.
The provisions in Paragraph 2 of Article 30 concerning the individual case evaluation of judges and provisions in Article 50 concerning the discipline shall also apply to judges transferred to serve as judicial administrative personnel, of retirement, or of resignation for other reasons on their conduct before the transfer, retirement or resignation.
No legal opinion on the application of law shall be taken into consideration as the basis of the cause for the disciplinary action against judges.
The conduct of the judge that is subject to disciplinary action shall not be disciplined twice for the same conduct. The original disciplinary disposition shall become invalid once the Disciplinary Chamber of the Judiciary has rendered the adjudication with disciplinary action, without disciplinary action or dismissal of the case which has become final and binding for the same conduct.
The act of the judge that is subject to disciplinary action has already been punished with criminal or administrative penalties may also be subject to disciplinary action for the same act. The same provision shall apply to the same act of the judge that is not punished with criminal or administrative penalties. However, the disciplinary action shall not be necessary for circumstances of minor violations, which would appear evidently unfair if put under the disciplinary action.
Disciplinary actions under any of the following circumstances shall be ruled to be dismissed:
1. The same conduct has already been subject to the final disciplinary judgment.
2. No discipline is deemed to be necessary once a declaration to deprive citizens' rights is finalized.
3. The statute of limitations in accordance with Article 52 on the enforcement of disciplinary action has elapsed.
4. Being in circumstances referred to in the proviso of the preceding paragraph.
Article 50
The disciplinary disposition against judges shall be as follows:
1. Removal from judgeship duties and prohibition of reappointment as civil servants.
2. Dismissal from office: In addition to dismissal from the incumbent office, all appointments shall be suspended for a period of no less than one year and no more than five years.
3. Removal from judgeship duties and transfer to positions other than the judgeship.
4. Deprivation of pensions and retirement benefits, or deprivation of retirement benefits.
5. Reduction of pensions and retirement benefits by 10% to 20%.
6. Fine: The amount shall be no less than one month but no more than one year of the total current monthly salary or the latest monthly salary while in service.
7. Reprimand.
It is sufficient to determine based on concrete facts and circumstances which are disciplinable that the judge has no longer fit to serve the duty, the disposition stipulated in Subparagraphs 1 to 3 of the preceding paragraph shall be rendered.
No judge subject to disciplinary disposition referred to in Subparagraphs 1 or 2 of Paragraph 1 may serve as an attorney. If he/she has served as an attorney, his/her performance of the duty shall be terminated; no judge subject to disciplinary disposition referred to in Subparagraphs 2 or 3 of Paragraph 1 may be reinstated as a judge.
Those who are subject to disciplinary disposition referred to in Subparagraph 2 of Paragraph 1 and be re-appointed as civil servants upon the expiration of the period of suspension of appointment, shall not be upgraded, promoted, or transferred to supervisory positions within two years from the date of reappointment.
When the Disciplinary Chamber of the Judiciary renders the disciplinary disposition specified in Subparagraph 3 of Paragraph 1, it shall determine on the duty being transferred for after consulting the Judicial Yuan.
The disciplinary disposition referred to in Subparagraphs 4 or 5 of Paragraph 1 shall be limited to judges who have retired or resigned for other reasons. All payments that have been paid thereby shall be recovered, and the pension or retirement benefit that has not been collected by the disciplined judge may be offset, seized, or compulsorily enforced.
The pensions in Subparagraphs 4 or 5 of Paragraph 1 shall refer to the payment of retirement or other payments of resignation calculated based on all years of service before the resignation of the disciplined judge. However, the pension benefits covered under the civil servants and public-school teachers' insurance, as well as the funds paid by the disciplined judge him/herself for the pension fund with the principal and interest thereof shall not apply thereto.
The fine under Subparagraph 6 of Paragraph 1 may be combined with dispositions under the remaining paragraphs other than Subparagraphs 4 and 5 thereof for rendering a disposition.
The disciplinary disposition under Subparagraph 7 of Paragraph 1 shall be rendered in writing.
1. Removal from judgeship duties and prohibition of reappointment as civil servants.
2. Dismissal from office: In addition to dismissal from the incumbent office, all appointments shall be suspended for a period of no less than one year and no more than five years.
3. Removal from judgeship duties and transfer to positions other than the judgeship.
4. Deprivation of pensions and retirement benefits, or deprivation of retirement benefits.
5. Reduction of pensions and retirement benefits by 10% to 20%.
6. Fine: The amount shall be no less than one month but no more than one year of the total current monthly salary or the latest monthly salary while in service.
7. Reprimand.
It is sufficient to determine based on concrete facts and circumstances which are disciplinable that the judge has no longer fit to serve the duty, the disposition stipulated in Subparagraphs 1 to 3 of the preceding paragraph shall be rendered.
No judge subject to disciplinary disposition referred to in Subparagraphs 1 or 2 of Paragraph 1 may serve as an attorney. If he/she has served as an attorney, his/her performance of the duty shall be terminated; no judge subject to disciplinary disposition referred to in Subparagraphs 2 or 3 of Paragraph 1 may be reinstated as a judge.
Those who are subject to disciplinary disposition referred to in Subparagraph 2 of Paragraph 1 and be re-appointed as civil servants upon the expiration of the period of suspension of appointment, shall not be upgraded, promoted, or transferred to supervisory positions within two years from the date of reappointment.
When the Disciplinary Chamber of the Judiciary renders the disciplinary disposition specified in Subparagraph 3 of Paragraph 1, it shall determine on the duty being transferred for after consulting the Judicial Yuan.
The disciplinary disposition referred to in Subparagraphs 4 or 5 of Paragraph 1 shall be limited to judges who have retired or resigned for other reasons. All payments that have been paid thereby shall be recovered, and the pension or retirement benefit that has not been collected by the disciplined judge may be offset, seized, or compulsorily enforced.
The pensions in Subparagraphs 4 or 5 of Paragraph 1 shall refer to the payment of retirement or other payments of resignation calculated based on all years of service before the resignation of the disciplined judge. However, the pension benefits covered under the civil servants and public-school teachers' insurance, as well as the funds paid by the disciplined judge him/herself for the pension fund with the principal and interest thereof shall not apply thereto.
The fine under Subparagraph 6 of Paragraph 1 may be combined with dispositions under the remaining paragraphs other than Subparagraphs 4 and 5 thereof for rendering a disposition.
The disciplinary disposition under Subparagraph 7 of Paragraph 1 shall be rendered in writing.
Article 50-1
Judges who are subject to the disposition under Subparagraphs 1 to 3 of Paragraph 1 of the preceding Article which became final and binding only after the retirement or resignation for other reasons shall be deprived of or reduced their pensions and retirement benefits according to the following provisions; those who have already received such payments shall be recovered all or part of the funds subject to the deprivation or reduction accordingly:
1. Those who have been rendered with the disposition under Subparagraph 1 of Paragraph 1 of the preceding Article shall be deprived of their pensions and retirement benefits from the beginning.
2. Those who have been rendered with the disposition under Subparagraph 2 of Paragraph 1 of the preceding Article shall be deprived of 60% of their pensions and retirement benefits from the beginning.
3. Those who have been rendered with the disposition under Subparagraph 3 of Paragraph 1 of the preceding Article shall be deprived of their retirement benefits from the beginning.
The pension referred to in the preceding paragraph shall be governed by the provisions of Paragraph 7 of the preceding Article.
The personnel referred to in Paragraph 1 who are otherwise subject to disposition imposing severer deprivation or reduction of pensions for the same case in accordance with other laws, the severer disposition shall apply.
1. Those who have been rendered with the disposition under Subparagraph 1 of Paragraph 1 of the preceding Article shall be deprived of their pensions and retirement benefits from the beginning.
2. Those who have been rendered with the disposition under Subparagraph 2 of Paragraph 1 of the preceding Article shall be deprived of 60% of their pensions and retirement benefits from the beginning.
3. Those who have been rendered with the disposition under Subparagraph 3 of Paragraph 1 of the preceding Article shall be deprived of their retirement benefits from the beginning.
The pension referred to in the preceding paragraph shall be governed by the provisions of Paragraph 7 of the preceding Article.
The personnel referred to in Paragraph 1 who are otherwise subject to disposition imposing severer deprivation or reduction of pensions for the same case in accordance with other laws, the severer disposition shall apply.
Article 51
The disciplinary action against judges shall, except for the circumstance under Article 40, be initiated in the form of an impeachment by the Control Yuan and forwarded to the Disciplinary Chamber of the Judiciary for review.
The Judicial Yuan may forward sua sponte a disciplinable matter directly to the Control Yuan for review, in addition to being subject to the regulations concerning the evaluation of judges.
Prior to forwarding sua sponte directly to the Control Yuan in accordance with the preceding paragraph, the Judicial Yuan shall afford the judge to be disciplined the opportunity to express his/her opinions and obtain a resolution from the Judicial Personnel Review Committee.
The Judicial Yuan may forward sua sponte a disciplinable matter directly to the Control Yuan for review, in addition to being subject to the regulations concerning the evaluation of judges.
Prior to forwarding sua sponte directly to the Control Yuan in accordance with the preceding paragraph, the Judicial Yuan shall afford the judge to be disciplined the opportunity to express his/her opinions and obtain a resolution from the Judicial Personnel Review Committee.
Article 52
No judge may be disciplined by reducing his/her pensions and retirement benefits, imposing fines, or reprimand if more than five years has elapsed from the date the disciplinable conduct ends to the date the case is filed with the Disciplinary Chamber of the Judiciary; provided that under the circumstances stipulated in Subparagraph 1, Paragraph 2 of Article 30, the statute of limitation shall run from the date the individual case evaluation may be submitted in accordance with this Act.
The date that the conduct ends referred to in the preceding paragraph shall refer to the date the disciplinable act of the judge concludes. However, where the disciplinable act involves non-action, the period shall start on the date the agency with which the judge is affiliated becomes aware of such non-action.
The date that the conduct ends referred to in the preceding paragraph shall refer to the date the disciplinable act of the judge concludes. However, where the disciplinable act involves non-action, the period shall start on the date the agency with which the judge is affiliated becomes aware of such non-action.
Article 53
Any judge dissatisfied with the dispositions of the Judicial Yuan on revocation of appointment qualifications, removal from office, suspension of duty, discharge of duty, transfer, or transfer to positions other than judgeship, shall file a written objection with reasons attached to the Judicial Yuan within thirty days from the next day the personnel order is received.
Any judge who contends that the performance supervision has impacted on judicial independence shall, within thirty days since the completion of the supervisory act, file a written objection with reasons attached to the agency with which the performance supervisor is affiliated.
Any judge who contends that the performance supervision has impacted on judicial independence shall, within thirty days since the completion of the supervisory act, file a written objection with reasons attached to the agency with which the performance supervisor is affiliated.
Article 54
The agency referred to in the preceding article shall render its decision within thirty days upon receiving the objection.
The decision made on the objection referred to in Paragraph 1 of the preceding article shall be rendered with a resolution by following the original procedure.
Any judge dissatisfied with the agency decision listed in the preceding article on the objection shall, within thirty days from the second day the service of the decision is delivered, appeal to the Disciplinary Chamber of the Judiciary.
The judge may file a complaint directly to the Disciplinary Chamber of the Judiciary if the agency referred to in the preceding article should have not made a decision within the time frame provided in Paragraph 1.
The decision made on the objection referred to in Paragraph 1 of the preceding article shall be rendered with a resolution by following the original procedure.
Any judge dissatisfied with the agency decision listed in the preceding article on the objection shall, within thirty days from the second day the service of the decision is delivered, appeal to the Disciplinary Chamber of the Judiciary.
The judge may file a complaint directly to the Disciplinary Chamber of the Judiciary if the agency referred to in the preceding article should have not made a decision within the time frame provided in Paragraph 1.
Article 55
Unless consented by the Disciplinary Chamber of the Judiciary, the judge whose case has been forwarded by the Judicial Yuan or the Control Yuan for disciplinary action or submitted by the Judicial Yuan to the Control Yuan for review shall not apply for retirement or layoff before the judgment rendered becomes final and binding or the review is completed.
Where the judge in the disciplinary proceeding who is over the age of seventy on the day when the judgment becomes final and binding without being rendered with the disposition of dismissal from office or heavier penalty, and has applied for retirement within six months after the judgment becomes final and binding, the retirement benefits calculated based on his/her years in service until the day before reaching the age of seventy shall be paid to the disciplined judge, which shall apply mutatis mutandis to Subparagraphs 1 to 3, Paragraph 1 of Article 78.
Upon receiving the forwarded case referred to in the preceding paragraph, the Disciplinary Chamber of the Judiciary shall provide transcripts of the referral paper to the court with which the judge concerned is affiliated and to the civil service agency.
Where the judge in the disciplinary proceeding who is over the age of seventy on the day when the judgment becomes final and binding without being rendered with the disposition of dismissal from office or heavier penalty, and has applied for retirement within six months after the judgment becomes final and binding, the retirement benefits calculated based on his/her years in service until the day before reaching the age of seventy shall be paid to the disciplined judge, which shall apply mutatis mutandis to Subparagraphs 1 to 3, Paragraph 1 of Article 78.
Upon receiving the forwarded case referred to in the preceding paragraph, the Disciplinary Chamber of the Judiciary shall provide transcripts of the referral paper to the court with which the judge concerned is affiliated and to the civil service agency.
Article 56
The Control Yuan, the Judicial Yuan, various courts at all levels or their branches, and judges may serve as the party to the cases under various subparagraphs of Article 47.
The Disciplinary Chamber of the Judiciary shall, in reviewing cases forwarded by the Judicial Yuan and submitted by the Judicial Evaluation Committee, notify the Judicial Evaluation Committee of sending members to the chamber to express their opinions.
The Disciplinary Chamber of the Judiciary shall, in reviewing cases forwarded by the Judicial Yuan and submitted by the Judicial Evaluation Committee, notify the Judicial Evaluation Committee of sending members to the chamber to express their opinions.
Article 57
Cases heard by the Disciplinary Chamber of the Judiciary shall be conducted in public court sessions. However, this provision shall not apply to the following circumstances:
1. The risk of damaging good morals and customs
2. The processing procedures of the cases in question are not to be disclosed, pursuant to the legal requirements.
3. The case involves matters that should be kept secret as stipulated by law.
4. When a party petitions for closed sessions, the court may grant such a request after hearing the views of the opposing party, the defender, and the agent ad litem
1. The risk of damaging good morals and customs
2. The processing procedures of the cases in question are not to be disclosed, pursuant to the legal requirements.
3. The case involves matters that should be kept secret as stipulated by law.
4. When a party petitions for closed sessions, the court may grant such a request after hearing the views of the opposing party, the defender, and the agent ad litem
Article 58
Unless otherwise provided by law, reviews on cases of the first instance conducted by the Disciplinary Chamber of the Judiciary shall include oral arguments.
The presiding judge of the first instance of the Disciplinary Chamber of the Judiciary, when necessary, may assign one judge as the commissioned judge to conduct the preparatory proceedings and clarify the cause of action.
The investigation on evidence by the commissioned judge designated by the presiding judge shall be limited to the following:
1. Where it is necessary to investigate at the location of the evidence.
2. Where it is required by the law to conduct the investigation at places outside the court.
3. Where there is a likelihood that the investigation to be conducted on the day of oral argument will cause destruction or loss of evidence, obstruction of its use, or there are apparently other difficulties involved.
4. Retrieve or order to present exhibits.
5. Petition the competent authority to report on necessary matters.
The presiding judge of the first instance of the Disciplinary Chamber of the Judiciary, when necessary, may assign one judge as the commissioned judge to conduct the preparatory proceedings and clarify the cause of action.
The investigation on evidence by the commissioned judge designated by the presiding judge shall be limited to the following:
1. Where it is necessary to investigate at the location of the evidence.
2. Where it is required by the law to conduct the investigation at places outside the court.
3. Where there is a likelihood that the investigation to be conducted on the day of oral argument will cause destruction or loss of evidence, obstruction of its use, or there are apparently other difficulties involved.
4. Retrieve or order to present exhibits.
5. Petition the competent authority to report on necessary matters.
Article 59
If the Disciplinary Chamber of the Judiciary, in reviewing the disciplinary action, deems it necessary to suspend the duty of the judge in the disciplinary proceeding in advance in light of the seriousness of the matter, it may render a ruling to suspend the duty of the judge in the disciplinary proceeding in advance based on motion or sua sponte and notify the president of the court with which the disciplined judge is affiliated.
Before rendering the ruling in accordance with the preceding paragraph, the Disciplinary Chamber of the Judiciary shall provide the disciplined judge an opportunity to express his/her opinions.
Where the judgment of the first instance rendered by the Disciplinary Chamber of the Judiciary imposes the disciplinary disposition under Subparagraphs 1 to 3 of Paragraph 1 of Article 50, the Disciplinary Chamber of the Judiciary shall rule to suspend the duty of the disciplined judge ex officio and notify the president of the court with which the judge is affiliated, unless the disciplined judge has been suspended from the duty.
An interlocutory appeal against the ruling rendered in the preceding paragraph shall not be filed.
The ruling rendered in Paragraph 1 and Paragraph 3 shall take effect on the next day after it is served on the president of the court with which the judge under discipline is affiliated.
The judge being suspended of duty may apply for reinstatement to the Judicial Yuan once the action in Paragraph 1 is dismissed or the judgment in Paragraph 3 is abandoned. The Civil Service Salary and Remuneration Act shall apply mutatis mutandis to the salary and remuneration for the period of suspension of duty and after the reinstatement.
Before rendering the ruling in accordance with the preceding paragraph, the Disciplinary Chamber of the Judiciary shall provide the disciplined judge an opportunity to express his/her opinions.
Where the judgment of the first instance rendered by the Disciplinary Chamber of the Judiciary imposes the disciplinary disposition under Subparagraphs 1 to 3 of Paragraph 1 of Article 50, the Disciplinary Chamber of the Judiciary shall rule to suspend the duty of the disciplined judge ex officio and notify the president of the court with which the judge is affiliated, unless the disciplined judge has been suspended from the duty.
An interlocutory appeal against the ruling rendered in the preceding paragraph shall not be filed.
The ruling rendered in Paragraph 1 and Paragraph 3 shall take effect on the next day after it is served on the president of the court with which the judge under discipline is affiliated.
The judge being suspended of duty may apply for reinstatement to the Judicial Yuan once the action in Paragraph 1 is dismissed or the judgment in Paragraph 3 is abandoned. The Civil Service Salary and Remuneration Act shall apply mutatis mutandis to the salary and remuneration for the period of suspension of duty and after the reinstatement.
Article 59-1
If the party is dissatisfied with the final judgment of the first instance rendered by the Disciplinary Chamber of the Judiciary, he/she may appeal to the Disciplinary Chamber of the Judiciary of the second instance within the statutory period of twenty days after the judgment is served. However, appeals filed after the judgment is proclaimed or announced and before the process is served shall also be valid.
Article 59-2
The appeal against the judgment of the first instance rendered by the Disciplinary Chamber of the Judiciary shall be based on the ground that such judgment is in violation of the law and regulations.
Article 59-3
A judgment shall be in contravention of laws and regulations if it does not apply to applicable laws and regulations or its application is improper.
A judgment shall be automatically held in contravention of laws and regulations under one of the following circumstances:
1. Where the Disciplinary Chamber of the Judiciary that renders the judgment concerned is not organized in conformity with the law.
2. Where the judge or the Expert Lay Judge who should have rescued him/herself in accordance with the law or adjudication has participated in the trial.
3. Where the Disciplinary Chamber of the Judiciary has inappropriately identified the jurisdiction.
4. Where the parties are not legally authorized, represented, or defended in the action.
5. Where the judgment does not provide reasons or provides contradictory reasons, which makes it sufficient to affect the outcome of the judgment.
A judgment shall be automatically held in contravention of laws and regulations under one of the following circumstances:
1. Where the Disciplinary Chamber of the Judiciary that renders the judgment concerned is not organized in conformity with the law.
2. Where the judge or the Expert Lay Judge who should have rescued him/herself in accordance with the law or adjudication has participated in the trial.
3. Where the Disciplinary Chamber of the Judiciary has inappropriately identified the jurisdiction.
4. Where the parties are not legally authorized, represented, or defended in the action.
5. Where the judgment does not provide reasons or provides contradictory reasons, which makes it sufficient to affect the outcome of the judgment.
Article 59-4
To file an appeal, the following items shall be stated in the petition for appeal in writing and submitted to the original Disciplinary Chamber of the Judiciary:
1. The parties.
2. The judgment of the first instance and the statement that an appeal is petitioned against such judgment.
3. The extent of appeal against the judgment of the first instance and the statement on how the judgment should be abandoned or amended.
4. The basis for the appeal.
The basis for the appeal in the preceding paragraph shall indicate clearly the following items:
1. The laws and regulations which the original judgment has contravened and the specific content thereof.
2. The specific facts, as revealed by the litigation materials, which may lead to the finding that the original judgment is in contravention of the said laws and regulations.
The petition for appeal in writing under Paragraph 1 shall enclose necessary evidence on the grounds of appeal.
1. The parties.
2. The judgment of the first instance and the statement that an appeal is petitioned against such judgment.
3. The extent of appeal against the judgment of the first instance and the statement on how the judgment should be abandoned or amended.
4. The basis for the appeal.
The basis for the appeal in the preceding paragraph shall indicate clearly the following items:
1. The laws and regulations which the original judgment has contravened and the specific content thereof.
2. The specific facts, as revealed by the litigation materials, which may lead to the finding that the original judgment is in contravention of the said laws and regulations.
The petition for appeal in writing under Paragraph 1 shall enclose necessary evidence on the grounds of appeal.
Article 59-5
Cases of the second instance reviewed by the Disciplinary Chamber of the Judiciary shall be concluded within six months.
The judgment of the second instance by the Disciplinary Chamber of the Judiciary shall be rendered through oral argument unless the Disciplinary Chamber of the Judiciary deems it unnecessary.
The regulations governing the implementation of the oral argument in the preceding paragraph shall be formulated by the Disciplinary Court.
The judgment of the second instance by the Disciplinary Chamber of the Judiciary shall be rendered through oral argument unless the Disciplinary Chamber of the Judiciary deems it unnecessary.
The regulations governing the implementation of the oral argument in the preceding paragraph shall be formulated by the Disciplinary Court.
Article 59-6
An interlocutory appeal against the ruling of the first instance rendered by the Disciplinary Chamber of the Judiciary may be filed unless it is otherwise prescribed in the regulations.
Article 60
The Judicial Yuan shall promulgate Judges Disciplinary Case Review Rules for the Disciplinary Chamber of the Judiciary in hearing cases under Article 47, Paragraph 1, Section 1.
Unless otherwise provided in this Act, the Administrative Procedures Act shall apply, mutatis mutandis, to the proceedings and rulings of the Disciplinary Chamber of the Judiciary in hearing cases concerning the duties of a judge under Article 47, Paragraph 1, Sections 2, 3, and 4.
Unless otherwise provided in this Act, the Administrative Procedures Act shall apply, mutatis mutandis, to the proceedings and rulings of the Disciplinary Chamber of the Judiciary in hearing cases concerning the duties of a judge under Article 47, Paragraph 1, Sections 2, 3, and 4.
Article 61
A party may file a petition for a retrial when not being satisfied with the final and binding judgment rendered by the Disciplinary Chamber of the Judiciary under any of the following circumstances unless the party has filed an appeal to assert the cause or has failed to assert such cause known to him/her:
1. The application of the law is evidently erroneous.
2. The Disciplinary Chamber of the Judiciary that renders the judgment concerned is not organized in conformity with the law.
3. The judge or Expert Lay Judge who should have rescued him/herself in accordance with the law or adjudication has participated in the trial.
4. The judge or Expert Lay Judge participating in the adjudication is proven to have committed a criminal offense in violation of his/her duties, or the disciplinary disposition he/she received due to his/her violation of duties in the adjudication thereof is sufficient to affect the original judgment.
5. The testimony, expert opinion, translation, or exhibit that serves as the basis for the original judgment has been proved to be false, forged, or altered.
6. Failure to consider the critical exhibit sufficient to affect the original judgment.
7. Discovery of concrete and fresh evidence sufficient to warrant the change of the original judgment.
8. The act has been subsequently rendered with the disposition of non-prosecution for the same act, or the civil or criminal judgment and other adjudication or administrative disposition serving as the basis of the judgment concerned have been amended according to the subsequent final and binding judgment or administrative disposition.
9. The law or regulation being applied in the final and binding judgment is, upon the motion of the party, interpreted to be unconstitutional by the Justices of the Judicial Yuan.
A petition for a retrial may be filed under the manifestation of circumstances in Subparagraphs 4 and 5 of the preceding paragraph, provided that they shall be limited to cases with the final and binding judgment, or the criminal proceeding of such cases that cannot be initiated or continued is due to reasons other than lack of sufficient evidence.
If the person subject to the judgment has died after the judgment becomes final and binding, his/her spouse, direct blood relatives, collateral blood relatives within the third degrees, in-laws within the second degrees, parents, or family members may file a retrial in favor of the person subject to the judgment.
A petition for a retrial may nevertheless be filed even after the enforcement of the original judgment is completed.
1. The application of the law is evidently erroneous.
2. The Disciplinary Chamber of the Judiciary that renders the judgment concerned is not organized in conformity with the law.
3. The judge or Expert Lay Judge who should have rescued him/herself in accordance with the law or adjudication has participated in the trial.
4. The judge or Expert Lay Judge participating in the adjudication is proven to have committed a criminal offense in violation of his/her duties, or the disciplinary disposition he/she received due to his/her violation of duties in the adjudication thereof is sufficient to affect the original judgment.
5. The testimony, expert opinion, translation, or exhibit that serves as the basis for the original judgment has been proved to be false, forged, or altered.
6. Failure to consider the critical exhibit sufficient to affect the original judgment.
7. Discovery of concrete and fresh evidence sufficient to warrant the change of the original judgment.
8. The act has been subsequently rendered with the disposition of non-prosecution for the same act, or the civil or criminal judgment and other adjudication or administrative disposition serving as the basis of the judgment concerned have been amended according to the subsequent final and binding judgment or administrative disposition.
9. The law or regulation being applied in the final and binding judgment is, upon the motion of the party, interpreted to be unconstitutional by the Justices of the Judicial Yuan.
A petition for a retrial may be filed under the manifestation of circumstances in Subparagraphs 4 and 5 of the preceding paragraph, provided that they shall be limited to cases with the final and binding judgment, or the criminal proceeding of such cases that cannot be initiated or continued is due to reasons other than lack of sufficient evidence.
If the person subject to the judgment has died after the judgment becomes final and binding, his/her spouse, direct blood relatives, collateral blood relatives within the third degrees, in-laws within the second degrees, parents, or family members may file a retrial in favor of the person subject to the judgment.
A petition for a retrial may nevertheless be filed even after the enforcement of the original judgment is completed.
Article 62
The original Disciplinary Chamber of the Judiciary that renders the judgment concerned shall have the exclusive jurisdiction over the retrial thereof.
The court of the second instance shall have the joint jurisdiction over retrials filed against the judgments rendered on the same matter by the Disciplinary Chamber of the Judiciary of the first instance and second instance.
When a retrial is filed against the judgment of the second instance rendered by the Disciplinary Chamber of the Judiciary based on the grounds provided in Subparagraphs 5 to 8, Paragraph 1 of the preceding Article, the Disciplinary Chamber of the Judiciary of the first instance shall still have the exclusive jurisdiction notwithstanding the circumstances in the preceding two paragraphs.
The court of the second instance shall have the joint jurisdiction over retrials filed against the judgments rendered on the same matter by the Disciplinary Chamber of the Judiciary of the first instance and second instance.
When a retrial is filed against the judgment of the second instance rendered by the Disciplinary Chamber of the Judiciary based on the grounds provided in Subparagraphs 5 to 8, Paragraph 1 of the preceding Article, the Disciplinary Chamber of the Judiciary of the first instance shall still have the exclusive jurisdiction notwithstanding the circumstances in the preceding two paragraphs.
Article 63
A petition for a retrial shall be filed within the following periods:
1. For the cause of action under Subparagraphs 1 to 3 and 6, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the original judgment becomes final and binding. However, when the judgment becomes final and binding before the process is served, it shall start from the next day when the judgment is served.
2. For the cause of action under Subparagraphs 4, 5, and 8, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the adjudication or disposition concerned becomes final and binding. However, when the ground for a retrial becomes known afterward, it shall start from the day thereof.
3. For the cause of action under Subparagraph 7, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the new evidence is discovered.
4. For the cause of action under Subparagraph 9, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the interpretation is issued.
No petition for a retrial against the interest of the disciplined judge may be filed after one year when the judgment is rendered.
1. For the cause of action under Subparagraphs 1 to 3 and 6, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the original judgment becomes final and binding. However, when the judgment becomes final and binding before the process is served, it shall start from the next day when the judgment is served.
2. For the cause of action under Subparagraphs 4, 5, and 8, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the adjudication or disposition concerned becomes final and binding. However, when the ground for a retrial becomes known afterward, it shall start from the day thereof.
3. For the cause of action under Subparagraph 7, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the new evidence is discovered.
4. For the cause of action under Subparagraph 9, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the interpretation is issued.
No petition for a retrial against the interest of the disciplined judge may be filed after one year when the judgment is rendered.
Article 63-1
If the judge of the Disciplinary Chamber of the Judiciary or the judge of the Disciplinary Court has participated in the trial of the second instance of the Disciplinary Chamber of the Judiciary and the judgment rendered becomes final and binding, there is no need of recusal for the petition for a retrial filed against such final and binding judgment.
Article 64
A motion for retrial shall have no effect to suspend the enforcement of judgment.
Article 65
The Disciplinary Chamber of the Judiciary shall issue a ruling to dismiss if it should deem the retrial unlawful.
Article 66
The Disciplinary Chamber of the Judiciary may issue a judgment without oral argument to dismiss the retrial for lack of cause.
The Disciplinary Chamber of the Judiciary shall issue a judgment to dismiss the retrial, even with cause, if it deems the original judgment justified.
The Disciplinary Chamber of the Judiciary shall issue a judgment to dismiss the retrial, even with cause, if it deems the original judgment justified.
Article 67
The arguments and judgment for a retrial is limited to the issues raised in the review.
Article 68
A retrial may be withdrawn before the Disciplinary Chamber of the Judiciary issues its judgment.
Once withdrawn or a judgment is rendered, no motion for another retrial can be made out of the same cause of action.
Once withdrawn or a judgment is rendered, no motion for another retrial can be made out of the same cause of action.
Article 68-1
A petition for a retrial may be filed against the ruling that has become final and binding and under the circumstances in Paragraph 1 of Article 61 in accordance with the provisions from Article 61 to the preceding Article that are applicable mutatis mutandis.
Article 69
The disciplinary disposition rendered by the Disciplinary Chamber of the Judiciary shall take effect on the next day after the judgment of the second instance on the disciplinary disposition is served on the president of the court with which the disciplined judge is affiliated.
Where the disciplined judge subject to the monetary payment due to the judgment of the disciplinary disposition fails to pay within the considerable time limit set and urged by the affiliated court, the said court may use the judgment as the enforcement title and commission the Civil Enforcement Department or the various branch offices of the Administrative Enforcement Agency of the Ministry of Justice to act on its behalf on the enforcement.
The enforcement procedure in the preceding paragraph shall apply mutatis mutandis to the provisions of the Compulsory Enforcement Act or the Administrative Enforcement Act respectively depending upon whether the enforcement agency is the Civil Enforcement Department or the various branch offices of the Administrative Enforcement Agency of the Ministry of Justice.
After the president of the court with which the disciplined judge is affiliated accepts the judgment of the disposition on deprivation or reduction of pension and retirement benefits, he/she shall immediately notify the pension and retirement benefits payment agency, and the payment or distribution agency shall send urging notice for the performance and commission other courts or agencies for the enforcement in accordance with Paragraph 2.
In the circumstances of Paragraph 2 and Paragraph 4, the judge who retires or resigns for other reasons may also be enforced against his/her pension, retirement benefits, or payments of the resignation for other reasons. If the disciplined judge dies, the compulsory enforcement shall be carried out against his/her estate.
The enforcement measures for the disciplinary judgment against judges shall be formulated by the Judicial Yuan in conjunction with the Executive Yuan and the Examination Yuan.
Where the disciplined judge subject to the monetary payment due to the judgment of the disciplinary disposition fails to pay within the considerable time limit set and urged by the affiliated court, the said court may use the judgment as the enforcement title and commission the Civil Enforcement Department or the various branch offices of the Administrative Enforcement Agency of the Ministry of Justice to act on its behalf on the enforcement.
The enforcement procedure in the preceding paragraph shall apply mutatis mutandis to the provisions of the Compulsory Enforcement Act or the Administrative Enforcement Act respectively depending upon whether the enforcement agency is the Civil Enforcement Department or the various branch offices of the Administrative Enforcement Agency of the Ministry of Justice.
After the president of the court with which the disciplined judge is affiliated accepts the judgment of the disposition on deprivation or reduction of pension and retirement benefits, he/she shall immediately notify the pension and retirement benefits payment agency, and the payment or distribution agency shall send urging notice for the performance and commission other courts or agencies for the enforcement in accordance with Paragraph 2.
In the circumstances of Paragraph 2 and Paragraph 4, the judge who retires or resigns for other reasons may also be enforced against his/her pension, retirement benefits, or payments of the resignation for other reasons. If the disciplined judge dies, the compulsory enforcement shall be carried out against his/her estate.
The enforcement measures for the disciplinary judgment against judges shall be formulated by the Judicial Yuan in conjunction with the Executive Yuan and the Examination Yuan.
Article 70
The discipline of a Justice may be through a resolution by a quorum of two-thirds of the incumbent Justices and a vote of two-thirds of those present, to be transmitted and forwarded by the Judicial Yuan to the Control Yuan for review.
If the Control Yuan should deem it necessary to impeach after its review, the case shall be referred to the Disciplinary Chamber of the Judiciary for review.
If the Control Yuan should deem it necessary to impeach after its review, the case shall be referred to the Disciplinary Chamber of the Judiciary for review.
Chapter 8 Remunerations for Judges
Article 71
A judge shall not be classified by ranks or grade levels. The remunerations include the basic salary, specialty premium, duty premium, and locality premium, all to be calculated on monthly basis.
The pay scales and points of the basic salary referred to in the preceding paragraph shall be based on the Table on the Remunerations for Judges.
The amount of the basic salary of a judge shall be calculated in accordance with the pay points in the Table on the Remunerations for Judges, which, in turn, shall be consistent with the same standards of calculation for the pay points in the Table on the Remunerations for Civil Servants.
Salary scales for judges are distinguished as follows:
1. The basic salary for a tenured judge is divided into twenty levels, from level 1 to level 20, to start at level 20.
2. The basic salary for a probationary judge is divided into nine levels, from level 14 to level 22, to start at level 22. The measures concerning the conversion of appointments for incumbent judges, and the promotion measures for administrative education and research personnel appointed as judges shall apply, mutatis mutandis, to the calculation of remunerations for judges appointed in accordance with Article 5, Paragraph 2, Subparagraph 8 of this Act.
3. The basic salary for an judge-in-training is divided into six levels, from level 19 to level 24, to start at level 24.
For an attorney, a professor, an associate professor, an assistant professor as well as a research fellow, an associate research fellow, or an assistant research fellow at the Academia Sinica to be appointed as a judge, the pay scale shall start at level 22, 21, 20, 17, or 15, corresponding with the seniority of the practices teachings or services of more than six, eight, ten, fourteen, or eighteen years.
The payment conditions, eligibilities and amount of various premiums for judges are subject to the regulations on various tables of premiums promulgated by the Executive Yuan, provided, however, that during the general annual adjustments of various premiums for the entire civil servants, the adjustments for judges shall be adjusted accordingly.
The living subsidies and year-end bonuses, among other premiums for judges shall apply, mutatis mutandis, the relevant statutes and regulations for civil servants.
For a judge who has served as a civil servant with comparable seniority to the incumbent position, similarity in nature, and excellent service records, the remuneration may be increased by the annual level to the highest grade available for the incumbent position.
The Examination Yuan , the Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the determination of comparable seniority, s similarity in nature, and excellent service records referred to in the preceding paragraph.
The pay scales and points of the basic salary referred to in the preceding paragraph shall be based on the Table on the Remunerations for Judges.
The amount of the basic salary of a judge shall be calculated in accordance with the pay points in the Table on the Remunerations for Judges, which, in turn, shall be consistent with the same standards of calculation for the pay points in the Table on the Remunerations for Civil Servants.
Salary scales for judges are distinguished as follows:
1. The basic salary for a tenured judge is divided into twenty levels, from level 1 to level 20, to start at level 20.
2. The basic salary for a probationary judge is divided into nine levels, from level 14 to level 22, to start at level 22. The measures concerning the conversion of appointments for incumbent judges, and the promotion measures for administrative education and research personnel appointed as judges shall apply, mutatis mutandis, to the calculation of remunerations for judges appointed in accordance with Article 5, Paragraph 2, Subparagraph 8 of this Act.
3. The basic salary for an judge-in-training is divided into six levels, from level 19 to level 24, to start at level 24.
For an attorney, a professor, an associate professor, an assistant professor as well as a research fellow, an associate research fellow, or an assistant research fellow at the Academia Sinica to be appointed as a judge, the pay scale shall start at level 22, 21, 20, 17, or 15, corresponding with the seniority of the practices teachings or services of more than six, eight, ten, fourteen, or eighteen years.
The payment conditions, eligibilities and amount of various premiums for judges are subject to the regulations on various tables of premiums promulgated by the Executive Yuan, provided, however, that during the general annual adjustments of various premiums for the entire civil servants, the adjustments for judges shall be adjusted accordingly.
The living subsidies and year-end bonuses, among other premiums for judges shall apply, mutatis mutandis, the relevant statutes and regulations for civil servants.
For a judge who has served as a civil servant with comparable seniority to the incumbent position, similarity in nature, and excellent service records, the remuneration may be increased by the annual level to the highest grade available for the incumbent position.
The Examination Yuan , the Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the determination of comparable seniority, s similarity in nature, and excellent service records referred to in the preceding paragraph.
- Remuneration Chart for Judges.PDF
- Remuneration Chart for Judges.doc
Article 72
The remunerations for the President and the Vice President of the Judicial Yuan, the Justices, President of the Supreme Court, President of the Supreme Administrative Court, and the President of the Disciplinary Court shall be provided in accordance with the following standards:
1. The President of the Judicial Yuan shall apply, mutatis mutandis, the premier level of the political appointees.
2. The Vice President of the Judicial Yuan shall apply, mutatis mutandis, the deputy premier level of the political appointees.
3. The Justices, President of the Supreme Court, President of the Supreme Administrative Court, and President of the Disciplinary Court shall apply, mutatis mutandis, the minister level of the political appointees.
The individuals indicated in the preceding paragraph shall also be provided with specialty premium stipulated in Paragraph 1 of the preceding article.
For the Secretary General of the Judicial Yuan transferred from judgeship or the prosecutorial office, the remuneration shall be based on the standard stipulated in Paragraph 1, Section 3 and Paragraph 2.
1. The President of the Judicial Yuan shall apply, mutatis mutandis, the premier level of the political appointees.
2. The Vice President of the Judicial Yuan shall apply, mutatis mutandis, the deputy premier level of the political appointees.
3. The Justices, President of the Supreme Court, President of the Supreme Administrative Court, and President of the Disciplinary Court shall apply, mutatis mutandis, the minister level of the political appointees.
The individuals indicated in the preceding paragraph shall also be provided with specialty premium stipulated in Paragraph 1 of the preceding article.
For the Secretary General of the Judicial Yuan transferred from judgeship or the prosecutorial office, the remuneration shall be based on the standard stipulated in Paragraph 1, Section 3 and Paragraph 2.
Article 73
The president of the court or the head of an agency at which a judge is on duty, shall conduct a duty assessment of the judge at the end of every year and refer the report to the Judicial Yuan. In conducting the assessment, the president should first consult with the related division-chief judges and other judges of that court.
The items to be included in conducting a judge's duty assessment include knowledge and capability, character and integrity, work ethics, and quality of judgments. The Judicial Yuan shall promulgate related regulations concerning the assessment and remedy procedures.
The items to be included in conducting a judge's duty assessment include knowledge and capability, character and integrity, work ethics, and quality of judgments. The Judicial Yuan shall promulgate related regulations concerning the assessment and remedy procedures.
Article 74
A judge who has reached the anniversary in serving duties by the end of the year, received excellent assessment, and has not been subject to any criminal penalty or disciplinary action, shall be promoted by one grade and received a bonus equal to the total amount of one-month remuneration; once the highest pay scale for the appointed position is reached, the bonus award shall be equal to the total amount of two-month remuneration. A judge who has served for six months but less than a year, and has not been received any criminal penalty or disciplinary action, shall receive half of the bonus award.
A judge who has excellent assessment for four consecutive years and has not received any criminal penalty or disciplinary action shall be, in addition to the bonus award referred to in the preceding paragraph, promoted by two grades.
For a judge or a judicial administration staff being transferred (or returned) to each other's position within a calendar year, the year of service during the transfer (or return) may be combined in the calculation of the year-end duty assessment or performance evaluation.
The related provisions with respect to grade promotion referred to in Paragraphs 1 and 2 do not apply to the assistant and probationary judges whose scores failed to pass the performance review.
A judge who has excellent assessment for four consecutive years and has not received any criminal penalty or disciplinary action shall be, in addition to the bonus award referred to in the preceding paragraph, promoted by two grades.
For a judge or a judicial administration staff being transferred (or returned) to each other's position within a calendar year, the year of service during the transfer (or return) may be combined in the calculation of the year-end duty assessment or performance evaluation.
The related provisions with respect to grade promotion referred to in Paragraphs 1 and 2 do not apply to the assistant and probationary judges whose scores failed to pass the performance review.
Article 75
The Examination Yuan , the Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the change of appointment or instatement incumbent judges as well as the transfer between judges and administrative, education, or research positions.
Where the remuneration under the Table on the Remunerations for Judges is less than the original pay, then the shortfall may be filled, which amount is to be combined and given together as a salary adjustment.
The salary adjustment referred to in the preceding paragraph means the pay adjustments resulted from the national salary adjustment for military, public service and education personnel, position realignment (promotion), and grade promotion from duty assessment.
Where the remuneration under the Table on the Remunerations for Judges is less than the original pay, then the shortfall may be filled, which amount is to be combined and given together as a salary adjustment.
The salary adjustment referred to in the preceding paragraph means the pay adjustments resulted from the national salary adjustment for military, public service and education personnel, position realignment (promotion), and grade promotion from duty assessment.
Article 76
A tenured judge transferred to serve as judicial administrative personnel shall be deemed as a judge whose seniority and remunerations shall be calculated in accordance with the regulations on comparable judgeship, and may not be subject to the restrictions on the training qualifications for the grade transfer and promotion to selection rank stipulated in the Civil Service Employment Act. The term of transfer shall be three years and may be extended once; for those who are approaching the mandatory retirement age for judicial administrative personnel, they shall return to serve as judges three months prior to their reaching such age.
If the tenured judge concurrently serves as the president of a court, the term referred to in the preceding paragraph shall be no more than six years by combining the two terms. However, the Judicial Yuan may extend the term if it deems it necessary, and the extended term shall not exceed three years.
The term provided in Paragraph 1 of Article 11 and the preceding two paragraphs shall recommence after two years since the cessation of serving concurrently or the returning to the original judgeship position.
For the personnel referred to in Article 72 who once served as tenured judges and have returned to judgeship shall not be subject to the restrictions stipulated in Article 27 of the Civil Service Employment Act.
The Examination Yuan, in conjunction with the Judicial Yuan and the Executive Yuan, shall jointly formulate regulations concerning the transfer, return, and exchange of instatement referred to in Paragraph 1.
If the tenured judge concurrently serves as the president of a court, the term referred to in the preceding paragraph shall be no more than six years by combining the two terms. However, the Judicial Yuan may extend the term if it deems it necessary, and the extended term shall not exceed three years.
The term provided in Paragraph 1 of Article 11 and the preceding two paragraphs shall recommence after two years since the cessation of serving concurrently or the returning to the original judgeship position.
For the personnel referred to in Article 72 who once served as tenured judges and have returned to judgeship shall not be subject to the restrictions stipulated in Article 27 of the Civil Service Employment Act.
The Examination Yuan, in conjunction with the Judicial Yuan and the Executive Yuan, shall jointly formulate regulations concerning the transfer, return, and exchange of instatement referred to in Paragraph 1.
Article 77
Any tenured judge having served for more than fifteen years and reached the age of 70 shall cease to conduct cases but may engage in research, mediation, or other judicial administrative duties; for those who have reached the age of sixty-five may apply to be transferred to a district court to conduct summary cases.
Any tenured judge having served for more than fifteen years, reached the age of sixty-five, and being certified not fit to carry out duties due to feeble physical condition by a qualified hospital recognized by the central governing health authority, may apply to discontinue the conducting of cases.
A judge who ceases to conduct cases referred to in the preceding two paragraphs shall nevertheless be considered as an incumbent judge but not counted as part of the personnel quota of the organization, is entitled to received two-thirds of the total remuneration, and may apply for voluntary retirement and pension in accordance with the Public Servant Retirement, Severance, and Bereavement Compensation Act or the Act Governing Retirement, Severance, and Bereavement Compensation Under the Individual Account System for Civil Service.
The Judicial Yuan shall promulgate regulations concerning the application procedures for ceasing to conduct cases referred to in Paragraphs 1 and 2, the means and items to engage in research, and business categories, among other things.
Any tenured judge having served for more than fifteen years, reached the age of sixty-five, and being certified not fit to carry out duties due to feeble physical condition by a qualified hospital recognized by the central governing health authority, may apply to discontinue the conducting of cases.
A judge who ceases to conduct cases referred to in the preceding two paragraphs shall nevertheless be considered as an incumbent judge but not counted as part of the personnel quota of the organization, is entitled to received two-thirds of the total remuneration, and may apply for voluntary retirement and pension in accordance with the Public Servant Retirement, Severance, and Bereavement Compensation Act or the Act Governing Retirement, Severance, and Bereavement Compensation Under the Individual Account System for Civil Service.
The Judicial Yuan shall promulgate regulations concerning the application procedures for ceasing to conduct cases referred to in Paragraphs 1 and 2, the means and items to engage in research, and business categories, among other things.
Article 78
Once a judge retires voluntarily, in addition to a one-time, lump sum or monthly pension in accordance with the Public Servant Retirement, Severance, and Bereavement Compensation Act or the Act Governing Retirement, Severance, and Bereavement Compensation Under the Individual Account System for Civil Service, a tenured judge further receives a lump sum or monthly retirement allowance(s) with the following criteria:
1. Twenty percent for more than ten years but less than fifteen years of services; thirty percent for more than fifteen years of services.
2. Forty percent for age between fifty-five and sixty and for more than fifteen years but less than twenty years of services; fifty percent for more than twenty years of services.
3. Sixty percent for age between sixty and seventy and for more than twenty years of services, with eight percent to be added for each additional year of service until the maximum of one hundred and forty percent. Four percent for the services beyond twenty years but less than six months, services that exceed six months shall be counted as one year, provided, however, that for any judge who has reached the age of sixty-five and processes voluntary retirement before reaching the age of seventy before the implementation of this Act, the payment shall be one hundred and forty percent.
4. Five percent for any judge who has reached the age of more than seventy.
If the combination of monthly retirement allowances based on the criteria in the preceding paragraph, the monthly pension under the law, and the preferential saving interests of the seniority benefit from the civil servants insurance should exceed ninety-eight percent of the monthly remunerations of an incumbent judge at same salary level, the monthly retirement allowances shall be reduced to the level not to exceed ninety-eight percent of the monthly remuneration of an incumbent judge at same pay level.
The Judicial Yuan, the Examination Yuan, and the Executive Yuan shall jointly promulgate regulations for the disbursement of retirement allowances referred to in Paragraph 2.
At the retirement of the Justices, the President of the Supreme Court, the President of the Supreme Administrative Court, and the President of the Disciplinary Court, in addition to providing the severance savings in accordance with, mutatis mutandis, the Act Governing the Payment of Compensation to Surviving Dependents of the Retired Political Appointees, the retirement allowances in accordance with the preceding three paragraphs shall be provided, however, that the provisions on allowances shall not apply to those who are not transferred from a tenured judge or a prosecutor.
The preceding paragraph shall apply, mutatis mutandis, to the Secretary-General of the Judicial Yuan, if s/he is transferred from a judge or prosecutor position.
1. Twenty percent for more than ten years but less than fifteen years of services; thirty percent for more than fifteen years of services.
2. Forty percent for age between fifty-five and sixty and for more than fifteen years but less than twenty years of services; fifty percent for more than twenty years of services.
3. Sixty percent for age between sixty and seventy and for more than twenty years of services, with eight percent to be added for each additional year of service until the maximum of one hundred and forty percent. Four percent for the services beyond twenty years but less than six months, services that exceed six months shall be counted as one year, provided, however, that for any judge who has reached the age of sixty-five and processes voluntary retirement before reaching the age of seventy before the implementation of this Act, the payment shall be one hundred and forty percent.
4. Five percent for any judge who has reached the age of more than seventy.
If the combination of monthly retirement allowances based on the criteria in the preceding paragraph, the monthly pension under the law, and the preferential saving interests of the seniority benefit from the civil servants insurance should exceed ninety-eight percent of the monthly remunerations of an incumbent judge at same salary level, the monthly retirement allowances shall be reduced to the level not to exceed ninety-eight percent of the monthly remuneration of an incumbent judge at same pay level.
The Judicial Yuan, the Examination Yuan, and the Executive Yuan shall jointly promulgate regulations for the disbursement of retirement allowances referred to in Paragraph 2.
At the retirement of the Justices, the President of the Supreme Court, the President of the Supreme Administrative Court, and the President of the Disciplinary Court, in addition to providing the severance savings in accordance with, mutatis mutandis, the Act Governing the Payment of Compensation to Surviving Dependents of the Retired Political Appointees, the retirement allowances in accordance with the preceding three paragraphs shall be provided, however, that the provisions on allowances shall not apply to those who are not transferred from a tenured judge or a prosecutor.
The preceding paragraph shall apply, mutatis mutandis, to the Secretary-General of the Judicial Yuan, if s/he is transferred from a judge or prosecutor position.
Article 79
Judges who are proved to be physically feeble and not suitable for undertaking duties by qualifies hospitals recognized by the central competent health authority, the relevant provisions on the severance of civil servants may apply mutatis mutandis to the application of severance.
Judges who are proved to be physically or mental disable and difficult to be recovered by qualifies hospitals recognized by the central competent health authority, or have ceased to carry out duties in accordance with Subparagraph 6, Paragraph 1 of Article 43 for more than three years, the relevant provisions on the severance of civil servants may apply mutatis mutandis to the severance of the judge.
The severed personnel referred to in the preceding two paragraphs shall, according to the preceding Article, be provided with a lump-sum retirement benefits in addition to the severance payment as required by the law.
Judges who are proved to be physically or mental disable and difficult to be recovered by qualifies hospitals recognized by the central competent health authority, or have ceased to carry out duties in accordance with Subparagraph 6, Paragraph 1 of Article 43 for more than three years, the relevant provisions on the severance of civil servants may apply mutatis mutandis to the severance of the judge.
The severed personnel referred to in the preceding two paragraphs shall, according to the preceding Article, be provided with a lump-sum retirement benefits in addition to the severance payment as required by the law.
Article 80
The Public Servant Retirement, Severance, and Bereavement Compensation Act or the Act Governing Retirement, Severance, and Bereavement Compensation Under the Individual Account System for Civil Service shall apply to the consolation of judges.
The Act Governing the Payment of Compensation to Surviving Dependents of the Retired Political Appointees shall apply, mutatis mutandis, to on-the-job death for the Justices, the President of the Supreme Court, the President of the Supreme Administrative Court, and the President of the Disciplinary Court.
The preceding paragraph shall apply, mutatis mutandis, to the Secretary-General of the Judicial Yuan, if s/he is transferred from a judge or prosecutor position.
The Act Governing the Payment of Compensation to Surviving Dependents of the Retired Political Appointees shall apply, mutatis mutandis, to on-the-job death for the Justices, the President of the Supreme Court, the President of the Supreme Administrative Court, and the President of the Disciplinary Court.
The preceding paragraph shall apply, mutatis mutandis, to the Secretary-General of the Judicial Yuan, if s/he is transferred from a judge or prosecutor position.
Chapter 9 Studies, Continued Education, and Leaves for Judges
Article 81
A judge shall engage in on-the-job studies every year.
The Judicial Yuan shall provide budget every year to dispatch judges at all levels of courts for judicial studies or continued education domestically or overseas.
The Judicial Yuan shall provide budget every year to dispatch judges at all levels of courts for judicial studies or continued education domestically or overseas.
Article 82
For every consecutive service of seven years, a tenured judge may submit a concrete research plan to the Judicial Yuan to apply for a one-year self-studies and receive full compensation during the period of studies. A research report shall be submitted to the Judicial Yuan for review after six months of the studies.
The number of self-studied personnel referred to in the preceding paragraph shall not exceed seven percent of the number of judges of that year at the respective agency, provided, however, that the number shall be rounded up to the next one if the number is less than one.
The number of self-studied personnel referred to in the preceding paragraph shall not exceed seven percent of the number of judges of that year at the respective agency, provided, however, that the number shall be rounded up to the next one if the number is less than one.
Article 83
A tenured judge may, during the term of services, submit the certified admissions documents to the Judicial Yuan and request for a leave of absence without pay after being approved.
Unless otherwise approved by the Judicial Yuan, the duration for leave of absence without pay referred to in the preceding paragraph shall not exceed three years.
Unless otherwise approved by the Judicial Yuan, the duration for leave of absence without pay referred to in the preceding paragraph shall not exceed three years.
Article 84
The Judicial Yuan shall promulgate regulations concerning the duration, qualifications, selection procedures, ratio for personnel chosen for continued education, and copyright of the research reports, among other related matters.
Article 85
The leave for judges shall apply the relevant regulations concerning the leave of civil servants.
Unless otherwise provided by this Act, the leave of absence without pay for civil servants shall apply, mutatis mutandis, to the judge's.
Unless otherwise provided by this Act, the leave of absence without pay for civil servants shall apply, mutatis mutandis, to the judge's.
Chapter 10 Prosecutors
Article 86
The prosecutor serves as the representative of public interest to pursue and penalize against crimes in accordance with the law and to maintain social order. A prosecutor shall act beyond political partisanship, uphold the public interests protected under the Constitution and the law, and to carry out the prosecutorial duties fairly, objectively, diligently and prudently.
The term "prosecutor" in this Act refers to an individual in the following sections：
1. The Prosecutor-General, head prosecutor, or prosecutors at the Supreme Prosecutors Office.
2. The chief prosecutor, head prosecutors, or prosecutors at the High prosecutors office and offices below or their branches at all levels.
The prosecutors referred to in Section 2 of the preceding paragraph, unless specifically provided otherwise, include the probationary and assistant prosecutors.
The term "tenured prosecutor" in this Act means an individual who passes the probationary service performance review and receives the formal appointment as such.
The term "prosecutor" in this Act refers to an individual in the following sections：
1. The Prosecutor-General, head prosecutor, or prosecutors at the Supreme Prosecutors Office.
2. The chief prosecutor, head prosecutors, or prosecutors at the High prosecutors office and offices below or their branches at all levels.
The prosecutors referred to in Section 2 of the preceding paragraph, unless specifically provided otherwise, include the probationary and assistant prosecutors.
The term "tenured prosecutor" in this Act means an individual who passes the probationary service performance review and receives the formal appointment as such.
Article 87
The prosecutor at the district prosecutors office or their branches shall be appointed with one of the following qualifications:
1. Having passed the examination for judges or prosecutors.
2. Having served as a judge.
3. Having served as a prosecutor.
4. Having served as a public defender for more than six years.
5. Having actually practiced as an attorney for more than six years, with excellent grades and possessed the qualifications to be appointed as such.
6. Having graduated from the department of law or the post-graduate program thereof of a public or duly recognized private university or an independent college, served as a full time professor at a university or an independent college accredited by the Ministry of Education for more than six years, lectured on a primary legal subject for more than two years, with publications in the legal profession and possessed the qualifications for the designated position.
7. Having served as a prosecutor investigator for more than six years with excellent performance records, and having passed the Professional and Technical Senior Examination for Attorneys (Bar Examination).
The prosecutor at the High Prosecutors Office or its branches shall be appointed with one of the following qualifications:
1. Having served as a tenured judge at a district court or its branches or a tenured prosecutor at a district prosecutors office or its branches for more than two years, with excellent grades and possessed the qualifications to be appointed as such.
2. Having actually practiced as an attorney for more than fourteen years, with excellent grades, and possessed the qualifications to be appointed as such.
The appointment of a prosecutor at the Supreme Prosecutors Office shall be based on one of the following qualifications:
1. Having served as a tenured judge at the level of High Court or any one of its branch courts or a tenured prosecutor at the High Prosecutors Office or its branches for more than four years with excellent grades.
2. Having served as a tenured judge at the level of High Court or any one of its branch courts, or a tenured prosecutor at the High Prosecutors Office or its branches and served concurrently as the chief judge at the level of district court or any of its branch courts or chief prosecutor at the level of district prosecutors office or its branches for a combined term of more than four years with excellent grades.
3. Having graduated from the department of law school or the post-graduate program thereof of a public or duly recognized private university, or an independent college, served as a full time professor at a university or an independent college duly recognized by the Ministry of Education, lectured on a primary legal subject, with publications in the legal profession, and served as a judge at the level of High Court or any one of its branch courts or a prosecutor at the High Prosecutors Office or its branches.
The term "primary legal subjects" in Paragraph 1, Section 6 and Section 3 of the preceding paragraph refers to the constitutional law, Civil Code, Criminal Code, private international law, commercial law, administrative law, civil procedure, criminal procedure, administrative procedure, compulsory execution law, bankruptcy law, or other primary subjects designated by the Examination Yuan as such.
For attorneys, full time professors, associate professors, or assistant professors who do not possess the qualifications for the designated positions, the examination for the designated positions may be in the form of a written test, oral test, together with the evaluation of publication or invention, and review of knowledge- and ability-related education and work experiences and background certification review. The Examination Yuan shall promulgate the examination regulations.
Anyone who passes the qualifications examination for the designated position pursuant to the preceding paragraph only acquires the eligibility to be appointed through the measures of the Ministry of Justice, in term assigned by the Examination Yuan in accordance with Article 88.
The Executive Yuan in conjunction with the Examination Yuan shall promulgate measures for the standards, procedure, age limitation, and other compliance matters concerning the judgeship appointment in the preceding paragraph.
1. Having passed the examination for judges or prosecutors.
2. Having served as a judge.
3. Having served as a prosecutor.
4. Having served as a public defender for more than six years.
5. Having actually practiced as an attorney for more than six years, with excellent grades and possessed the qualifications to be appointed as such.
6. Having graduated from the department of law or the post-graduate program thereof of a public or duly recognized private university or an independent college, served as a full time professor at a university or an independent college accredited by the Ministry of Education for more than six years, lectured on a primary legal subject for more than two years, with publications in the legal profession and possessed the qualifications for the designated position.
7. Having served as a prosecutor investigator for more than six years with excellent performance records, and having passed the Professional and Technical Senior Examination for Attorneys (Bar Examination).
The prosecutor at the High Prosecutors Office or its branches shall be appointed with one of the following qualifications:
1. Having served as a tenured judge at a district court or its branches or a tenured prosecutor at a district prosecutors office or its branches for more than two years, with excellent grades and possessed the qualifications to be appointed as such.
2. Having actually practiced as an attorney for more than fourteen years, with excellent grades, and possessed the qualifications to be appointed as such.
The appointment of a prosecutor at the Supreme Prosecutors Office shall be based on one of the following qualifications:
1. Having served as a tenured judge at the level of High Court or any one of its branch courts or a tenured prosecutor at the High Prosecutors Office or its branches for more than four years with excellent grades.
2. Having served as a tenured judge at the level of High Court or any one of its branch courts, or a tenured prosecutor at the High Prosecutors Office or its branches and served concurrently as the chief judge at the level of district court or any of its branch courts or chief prosecutor at the level of district prosecutors office or its branches for a combined term of more than four years with excellent grades.
3. Having graduated from the department of law school or the post-graduate program thereof of a public or duly recognized private university, or an independent college, served as a full time professor at a university or an independent college duly recognized by the Ministry of Education, lectured on a primary legal subject, with publications in the legal profession, and served as a judge at the level of High Court or any one of its branch courts or a prosecutor at the High Prosecutors Office or its branches.
The term "primary legal subjects" in Paragraph 1, Section 6 and Section 3 of the preceding paragraph refers to the constitutional law, Civil Code, Criminal Code, private international law, commercial law, administrative law, civil procedure, criminal procedure, administrative procedure, compulsory execution law, bankruptcy law, or other primary subjects designated by the Examination Yuan as such.
For attorneys, full time professors, associate professors, or assistant professors who do not possess the qualifications for the designated positions, the examination for the designated positions may be in the form of a written test, oral test, together with the evaluation of publication or invention, and review of knowledge- and ability-related education and work experiences and background certification review. The Examination Yuan shall promulgate the examination regulations.
Anyone who passes the qualifications examination for the designated position pursuant to the preceding paragraph only acquires the eligibility to be appointed through the measures of the Ministry of Justice, in term assigned by the Examination Yuan in accordance with Article 88.
The Executive Yuan in conjunction with the Examination Yuan shall promulgate measures for the standards, procedure, age limitation, and other compliance matters concerning the judgeship appointment in the preceding paragraph.
Article 88
Anyone appointed as a prosecutor in accordance with Paragraph 1, Section 1 of the preceding Article shall be an assistant prosecutor for a period of five years. After the period is fulfilled and satisfactory evaluation is received, the appointee shall be a probationary prosecutor for a period of one year.
Anyone selected for having possessed the qualifications in Paragraph 1, Sections 4 to 7 of the preceding Article shall be a probationary prosecutor for a period of two years.
Anyone selected for having possessed the qualifications in Paragraph 2, Section 2 of the preceding Article shall be a probationary prosecutor for a period of one year.
Anyone selected for having served as the assistant, probationary or tenured judge or prosecutor shall be the assistant, probationary or tenured prosecutor, respectively.
Assistant and probationary prosecutors are subject to performance evaluation, with the grading of whom to be submitted to the Prosecutorial Personnel Review Committee of the Ministry of Justice for review upon fulfillment of their term. Probationary or tenured prosecutor positions shall be granted when qualified. Re-evaluation and review shall be conducted within two years if not qualified. Further disqualification shall result in the discontinuation of assistant or probationary status and the relief of duty.
The items of the service performance evaluation referred to in the preceding paragraph includes knowledge, work ethics, quality of prosecution, character and integrity, as well as physical and mental health.
The Prosecutor Personnel Review Committee shall consult with the Prosecutor Selection Committee in conducting its service performance review. Before the Personnel Review Committee the decision of disqualification is rendered, notice shall be given to the reviewed assistant or probationary prosecutor to express opinions.
The Ministry of Justice shall install a Prosecutor Selection Committee to be in charge of the selection of prosecutors. The selection of prosecutors who qualify for appointment, the procedures, age limits, determinations of meritorious performance, and other matters to be complied with in this process, shall be determined by the Ministry of Justice.
All prosecutor being selected are required to go through trainings; the Ministry of Justice shall promulgate regulations concerning the duration of trainings, reduction or wavier, implementation measures, allowances, expenditures, leaves, evaluations, rewards and disciplines, retention or cancellation of training eligibility, and other matters to be complied with in this process.
The Ministry of Justice shall promulgate regulations concerning the related evaluation and re-evaluation of assistant and probationary prosecutors and other matters to be complied with in this process.
Anyone selected for having possessed the qualifications in Paragraph 1, Sections 4 to 7 of the preceding Article shall be a probationary prosecutor for a period of two years.
Anyone selected for having possessed the qualifications in Paragraph 2, Section 2 of the preceding Article shall be a probationary prosecutor for a period of one year.
Anyone selected for having served as the assistant, probationary or tenured judge or prosecutor shall be the assistant, probationary or tenured prosecutor, respectively.
Assistant and probationary prosecutors are subject to performance evaluation, with the grading of whom to be submitted to the Prosecutorial Personnel Review Committee of the Ministry of Justice for review upon fulfillment of their term. Probationary or tenured prosecutor positions shall be granted when qualified. Re-evaluation and review shall be conducted within two years if not qualified. Further disqualification shall result in the discontinuation of assistant or probationary status and the relief of duty.
The items of the service performance evaluation referred to in the preceding paragraph includes knowledge, work ethics, quality of prosecution, character and integrity, as well as physical and mental health.
The Prosecutor Personnel Review Committee shall consult with the Prosecutor Selection Committee in conducting its service performance review. Before the Personnel Review Committee the decision of disqualification is rendered, notice shall be given to the reviewed assistant or probationary prosecutor to express opinions.
The Ministry of Justice shall install a Prosecutor Selection Committee to be in charge of the selection of prosecutors. The selection of prosecutors who qualify for appointment, the procedures, age limits, determinations of meritorious performance, and other matters to be complied with in this process, shall be determined by the Ministry of Justice.
All prosecutor being selected are required to go through trainings; the Ministry of Justice shall promulgate regulations concerning the duration of trainings, reduction or wavier, implementation measures, allowances, expenditures, leaves, evaluations, rewards and disciplines, retention or cancellation of training eligibility, and other matters to be complied with in this process.
The Ministry of Justice shall promulgate regulations concerning the related evaluation and re-evaluation of assistant and probationary prosecutors and other matters to be complied with in this process.
Article 89
The provisions in Paragraphs 2 and 3 of Article 1, Article 6, Article 12, Paragraph 2 of Article 13, Article 15, Subparagraphs 1, 2, 4 and 5 of Article 16, Article 17, Article 18, Paragraphs 1, 2 and 4 of Article 42, Paragraphs 1 to 3, and 5 of Article 43, Articles 44 to 46, Article 49, Article 50, Article 50-1, Article 71, Articles 73 to 75, Paragraphs 1, 4, and 5 of Article 76, Article 77, Paragraphs 1 to 3 of Article 78, Article 79, Paragraph 1 of Article 80, Article 101-2, Chapter 5, and Chapter 9 of this Act concerning judges shall be applicable mutatis mutandis to prosecutors; the provisions concerning the Judicial Yuan, Judges Academy, and judicial authority shall be applicable mutatis mutandis to the Ministry of Justice, the Academy for the Judiciary of the Ministry of Justice and the prosecution authority.
The Ministry of Justice shall formulate regulations concerning the term and transfer for the chief prosecutors and head prosecutors of the prosecutors' offices and their branch offices at all levels below the High Prosecutors Office.
The Prosecutor Evaluation Committee shall be composed of three prosecutors, one judge, three attorneys, as well as six scholars and social representatives; the members of the evaluation committee shall serve a term of two years and may be re-appointed once.
The individual case evaluation shall be conducted on the prosecutor who is in any of the following circumstances:
1. For cases with final and binding judgments rendered or without final and binding judgments for more than six years since the date of the filing of such cases of the first instance, or cases with the disposition of non-prosecution or deferred prosecution that have become final and binding, there are sufficient facts to conclude the existence of obvious and significant errors due to acts committed intentionally or with gross negligence, causing serious infringement on the rights and interests of the people.
2. Severe violations of Paragraph 2 of Article 95.
3. Violations of Paragraphs 2 and 3 of Article 15.
4. Severe violations of Paragraph 1 of Article 15, Article 16, or Article 18.
5. Severe violations of case management procedures or rules of duties such as non-disclosure during investigations.
6. Undue delay of the case process without proper justification which severely affects the rights and interests of the parties.
7. Severe violations of the prosecutor's ethical rules.
Legal opinions on the application of the law shall not be the basis of individual case evaluation of prosecutors.
The Ministry of Justice shall formulate the Code of Conduct for Prosecutors referred to in Subparagraph 7 of Paragraph 4.
Prosecutors who are in any of the circumstances stipulated in the various subparagraphs of Paragraph 4 shall be subject to disciplinary action if deemed necessary.
The discipline against prosecutors shall be reviewed by the Disciplinary Chamber the Judiciary of the Disciplinary Court. The forwarding and review procedures shall apply mutatis mutandis to the disciplinary procedures for judges.
The remuneration standards stipulated in Subparagraphs 3, Paragraphs 1 and Paragraph 2 of Article 72 shall apply mutatis mutandis to the remunerations for the Minister of the Ministry of Justice transferred from the judge or prosecutor position and the Prosecutor General at the Supreme Prosecutors Office. The remuneration standards for the Deputy Minister of Justice transferred from the judge or prosecutor position shall apply mutatis mutandis the remuneration standards for deputy minister level for political appointees, plus the professional allowance stipulated in Paragraph 1 of Article 71.
Paragraph 4 of Article 78 shall apply mutatis mutandis to the resignation of the Minister or Deputy Minister of Justice transferred from the judge or prosecutor position. The same provision shall apply to the resignation of the Prosecutor General of the Supreme Prosecutors Office.
Paragraph 2 of Article 80 shall apply mutatis mutandis to the consolation of death on-the-job for the Prosecutor-General of the Supreme Prosecutors Office.
The Ministry of Justice shall formulate regulations concerning the term and transfer for the chief prosecutors and head prosecutors of the prosecutors' offices and their branch offices at all levels below the High Prosecutors Office.
The Prosecutor Evaluation Committee shall be composed of three prosecutors, one judge, three attorneys, as well as six scholars and social representatives; the members of the evaluation committee shall serve a term of two years and may be re-appointed once.
The individual case evaluation shall be conducted on the prosecutor who is in any of the following circumstances:
1. For cases with final and binding judgments rendered or without final and binding judgments for more than six years since the date of the filing of such cases of the first instance, or cases with the disposition of non-prosecution or deferred prosecution that have become final and binding, there are sufficient facts to conclude the existence of obvious and significant errors due to acts committed intentionally or with gross negligence, causing serious infringement on the rights and interests of the people.
2. Severe violations of Paragraph 2 of Article 95.
3. Violations of Paragraphs 2 and 3 of Article 15.
4. Severe violations of Paragraph 1 of Article 15, Article 16, or Article 18.
5. Severe violations of case management procedures or rules of duties such as non-disclosure during investigations.
6. Undue delay of the case process without proper justification which severely affects the rights and interests of the parties.
7. Severe violations of the prosecutor's ethical rules.
Legal opinions on the application of the law shall not be the basis of individual case evaluation of prosecutors.
The Ministry of Justice shall formulate the Code of Conduct for Prosecutors referred to in Subparagraph 7 of Paragraph 4.
Prosecutors who are in any of the circumstances stipulated in the various subparagraphs of Paragraph 4 shall be subject to disciplinary action if deemed necessary.
The discipline against prosecutors shall be reviewed by the Disciplinary Chamber the Judiciary of the Disciplinary Court. The forwarding and review procedures shall apply mutatis mutandis to the disciplinary procedures for judges.
The remuneration standards stipulated in Subparagraphs 3, Paragraphs 1 and Paragraph 2 of Article 72 shall apply mutatis mutandis to the remunerations for the Minister of the Ministry of Justice transferred from the judge or prosecutor position and the Prosecutor General at the Supreme Prosecutors Office. The remuneration standards for the Deputy Minister of Justice transferred from the judge or prosecutor position shall apply mutatis mutandis the remuneration standards for deputy minister level for political appointees, plus the professional allowance stipulated in Paragraph 1 of Article 71.
Paragraph 4 of Article 78 shall apply mutatis mutandis to the resignation of the Minister or Deputy Minister of Justice transferred from the judge or prosecutor position. The same provision shall apply to the resignation of the Prosecutor General of the Supreme Prosecutors Office.
Paragraph 2 of Article 80 shall apply mutatis mutandis to the consolation of death on-the-job for the Prosecutor-General of the Supreme Prosecutors Office.
Article 90
The Ministry of Justice shall install a Prosecutorial Personnel Review Committee to review the appointment, removal, transfer, detail, dismissal, promotion, evaluation, as well as reward and discipline of head prosecutors and prosecutors at all levels of offices and their branches below the High prosecutors office.
The resolution on the review referred to in the preceding paragraph shall be submitted to the Minister of Justice for approval and public announcement.
The Ministry of Justice shall promulgate regulations concerning the installation and review of the Committee referred to in Paragraph 1.
Prior to the selection of the chief prosecutor by the Minister of Justice, the Prosecutorial Personnel Review Committee shall provide double number of candidates for the Minister of Justice to select. The detailing or transfer of a chief prosecutor shall be submitted to the Prosecutorial Personnel Review Committee for consultation.
The Prosecutorial Personnel Review Committee shall be composed of seventeen members, with four representatives to be designated by the Minister of Justice, one to be the Prosecutor-General, three to be designated by the Prosecutor-General, and nine to be elected by all of the prosecutors, and the Minister of justice shall designate a Deputy Minister having the status of a judge or a prosecutor to be the chairperson.
The term of the elected members of the committee referred to in the preceding paragraph shall be one-year and may be reelected for one more consecutive term.
The representatives for all the prosecutors shall be elected by secret, anonymous and single selection ballot, with the entire nation as one single precinct, and no more than one representative to be elected from each prosecutorial office.
The Ministry of Justice shall, in consultation with the Prosecutorial Personnel Review Committee, promulgate the rules of review concerning the means of installation, subjects for review, procedures, resolution methods, among other relevant matters, provided, however, that the Executive Yuan and the Examination Yuan shall jointly promulgate rules of review that involve the appointment and removal , performance evaluation, ranks and pay scale, promotion, and commendation of a prosecutor.
The resolution on the review referred to in the preceding paragraph shall be submitted to the Minister of Justice for approval and public announcement.
The Ministry of Justice shall promulgate regulations concerning the installation and review of the Committee referred to in Paragraph 1.
Prior to the selection of the chief prosecutor by the Minister of Justice, the Prosecutorial Personnel Review Committee shall provide double number of candidates for the Minister of Justice to select. The detailing or transfer of a chief prosecutor shall be submitted to the Prosecutorial Personnel Review Committee for consultation.
The Prosecutorial Personnel Review Committee shall be composed of seventeen members, with four representatives to be designated by the Minister of Justice, one to be the Prosecutor-General, three to be designated by the Prosecutor-General, and nine to be elected by all of the prosecutors, and the Minister of justice shall designate a Deputy Minister having the status of a judge or a prosecutor to be the chairperson.
The term of the elected members of the committee referred to in the preceding paragraph shall be one-year and may be reelected for one more consecutive term.
The representatives for all the prosecutors shall be elected by secret, anonymous and single selection ballot, with the entire nation as one single precinct, and no more than one representative to be elected from each prosecutorial office.
The Ministry of Justice shall, in consultation with the Prosecutorial Personnel Review Committee, promulgate the rules of review concerning the means of installation, subjects for review, procedures, resolution methods, among other relevant matters, provided, however, that the Executive Yuan and the Examination Yuan shall jointly promulgate rules of review that involve the appointment and removal , performance evaluation, ranks and pay scale, promotion, and commendation of a prosecutor.
Article 91
The prosecutors office and its branch at all levels shall install a Council of Prosecutors, to be composed of all the prosecutors of that office engaged in actual prosecution of cases.
The Council of Prosecutors shall have the power and duties to:
1. Provide suggestions on the annual allocation of prosecutorial affairs, acting sequence, and the measure of case assignment.
2. Provide suggestions on the supervision and evaluation of prosecutors.
3. Provide suggestions on the supervisory disposition of a prosecutor in accordance with Article 95.
4. Provide suggestions on the uniformed application of laws and standards of indictment.
5. Provide suggestions on other related matters concerning the prosecutorial business.
The Prosecutor-General or chief prosecutor may, should there be disagreement with the resolution of the Council of Prosecutors, request the Council of Prosecutors for reconsideration, or alter it with a written opinion attached to the minutes of the Council of Prosecutors.
The Ministry of Justice shall promulgate regulations concerning the implementing measures for the Council of Prosecutors.
The Council of Prosecutors shall have the power and duties to:
1. Provide suggestions on the annual allocation of prosecutorial affairs, acting sequence, and the measure of case assignment.
2. Provide suggestions on the supervision and evaluation of prosecutors.
3. Provide suggestions on the supervisory disposition of a prosecutor in accordance with Article 95.
4. Provide suggestions on the uniformed application of laws and standards of indictment.
5. Provide suggestions on other related matters concerning the prosecutorial business.
The Prosecutor-General or chief prosecutor may, should there be disagreement with the resolution of the Council of Prosecutors, request the Council of Prosecutors for reconsideration, or alter it with a written opinion attached to the minutes of the Council of Prosecutors.
The Ministry of Justice shall promulgate regulations concerning the implementing measures for the Council of Prosecutors.
Article 92
A prosecutor shall obey orders from the supervisory officers under Article 63, Paragraphs 1 and 2 of the Court Organic Act, unless the orders violate the law.
For supervisory orders referred to in the preceding paragraph that involve the exercise of compulsory measures, finding of criminal facts, or application of laws, they shall be in writing and attached with ratio decidendi. When in disagreement with a written order, the prosecutor may, in writing with ratio decidendi , request the Prosecutor-General or the chief prosecutor to exercise the authorities under Article 64 of the Court Organic Act, and shall handle it in accordance with Article 93 immediately if the Prosecutor-General or the chief prosecutor should decline to alter the original order.
For supervisory orders referred to in the preceding paragraph that involve the exercise of compulsory measures, finding of criminal facts, or application of laws, they shall be in writing and attached with ratio decidendi. When in disagreement with a written order, the prosecutor may, in writing with ratio decidendi , request the Prosecutor-General or the chief prosecutor to exercise the authorities under Article 64 of the Court Organic Act, and shall handle it in accordance with Article 93 immediately if the Prosecutor-General or the chief prosecutor should decline to alter the original order.
Article 93
The Prosecutor-General or chief prosecutor may, under any of the following circumstances, personally engage in the prosecutorial matters of a prosecutor under his/her supervision, and may reassign them to any other prosecutors under his/her supervision in accordance with Article 64 of the Court Organic Act:
1. When necessary to pursue appropriate application of laws or unified indictment standards.
2. When sufficient facts demonstrate that the prosecutor violates the law, apparently [acting] inappropriately or is likely to be biased in the discharge of duties.
3. When the prosecutor, having submitted a written request with ratio decidendi in disagreement with a written order referred to in Paragraph 2 of the preceding article and ruled by the supervisory officer to maintain the original order, nevertheless disobeys.
4. When necessary to transfer an exceptionally complex, or a technical case to another prosecutor since the original prosecutor is incapable of handling the case.
Under the circumstances stated in the preceding paragraph, orders from the Prosecutor-General or the chief prosecutor shall be in writing and with ratio decidendi attached.
The prosecutor shall obey order given by the supervisory officer referred to in the preceding two paragraphs , provided, however, that dissenting views may be provided in writing.
1. When necessary to pursue appropriate application of laws or unified indictment standards.
2. When sufficient facts demonstrate that the prosecutor violates the law, apparently [acting] inappropriately or is likely to be biased in the discharge of duties.
3. When the prosecutor, having submitted a written request with ratio decidendi in disagreement with a written order referred to in Paragraph 2 of the preceding article and ruled by the supervisory officer to maintain the original order, nevertheless disobeys.
4. When necessary to transfer an exceptionally complex, or a technical case to another prosecutor since the original prosecutor is incapable of handling the case.
Under the circumstances stated in the preceding paragraph, orders from the Prosecutor-General or the chief prosecutor shall be in writing and with ratio decidendi attached.
The prosecutor shall obey order given by the supervisory officer referred to in the preceding two paragraphs , provided, however, that dissenting views may be provided in writing.
Article 94
The following provisions stipulate the administrative supervision scheme of the Prosecutors Office and its branch offices at all levels:
1. The Minister of Justice supervises the Prosecutors Office and its branch offices at all levels.
2. The Prosecutor General of the Supreme Prosecutors Office supervises the Supreme Prosecutors Office.
3. The Chief Prosecutor of the High Prosecutors Office supervises the High Prosecutors Office and its branch offices, as well as its affiliated district prosecutors offices and their branch offices.
4. The Chief Prosecutor of the Intellectual Property Branch Office, of the High Prosecutors Office, supervises the said branch office.
5. The Chief Prosecutor of a branch office of the High Prosecutors Office supervises the said branch office, and its affiliated district prosecutors offices within its jurisdiction and their branch offices.
6. The Chief Prosecutor of a District Prosecutors Office supervises the said Prosecutors Office and its branch offices.
7. The Chief Prosecutor of a branch office of a District Prosecutors Office supervises the said branch office.
The administrative supervisor referred to in the preceding Article may issue administrative directives on general administrative matters for prosecution for all of the prosecutors to comply, provided, however, that the Minister of Justice shall not provide guidance or orders to the Prosecutor-General, chief prosecutors, head prosecutors, or prosecutors on a specific case.
1. The Minister of Justice supervises the Prosecutors Office and its branch offices at all levels.
2. The Prosecutor General of the Supreme Prosecutors Office supervises the Supreme Prosecutors Office.
3. The Chief Prosecutor of the High Prosecutors Office supervises the High Prosecutors Office and its branch offices, as well as its affiliated district prosecutors offices and their branch offices.
4. The Chief Prosecutor of the Intellectual Property Branch Office, of the High Prosecutors Office, supervises the said branch office.
5. The Chief Prosecutor of a branch office of the High Prosecutors Office supervises the said branch office, and its affiliated district prosecutors offices within its jurisdiction and their branch offices.
6. The Chief Prosecutor of a District Prosecutors Office supervises the said Prosecutors Office and its branch offices.
7. The Chief Prosecutor of a branch office of a District Prosecutors Office supervises the said branch office.
The administrative supervisor referred to in the preceding Article may issue administrative directives on general administrative matters for prosecution for all of the prosecutors to comply, provided, however, that the Minister of Justice shall not provide guidance or orders to the Prosecutor-General, chief prosecutors, head prosecutors, or prosecutors on a specific case.
Article 95
The individuals having the supervision authority from the preceding article may take the following measures to the supervised prosecutors:
1. To issue an order urging the prosecutor to take notice on matters concerning his/her duty.
2. To issue a warning for violation of the duties of a prosecutor, tardiness in carrying out duties, or misconducts.
1. To issue an order urging the prosecutor to take notice on matters concerning his/her duty.
2. To issue a warning for violation of the duties of a prosecutor, tardiness in carrying out duties, or misconducts.
Article 96
In the event a prosecutor under supervision committed material acts stipulated under Paragraph 2 of the preceding article, the individual having the supervision authority under Article 94 may, in the name of the affiliated agency, request the Prosecutor Evaluation Committee to initiate an evaluation, or transfer the matter to the Ministry of Justice for disposition, in which case Article 51, Paragraphs 2 and 3 shall apply, mutatis mutandis. .
The violation is deemed to be material if a prosecutor should recommit the matters stipulated under Section 2 of the preceding article within one year since the issuance of the warning, or have accumulated three warnings.
The violation is deemed to be material if a prosecutor should recommit the matters stipulated under Section 2 of the preceding article within one year since the issuance of the warning, or have accumulated three warnings.
Chapter 11 Supplemental Provisions
Article 97
Within six months before the effective date of voluntary retirement or severance, a tenured judge or prosecutor may apply to the Ministry of Examination for a waiver of all testing subjects for the Attorney Qualification Examination and to obtain the qualification for an attorney license.
The application referred to in the preceding paragraph shall attach the order of appointment issued by the Judicial Yuan or the Ministry of Justice, qualification certification letter by the Ministry of Civil Service, and certificates of good service record issued by the affiliated agency of the applicant. The Judicial Yuan and the Ministry of Justice shall respectively promulgate regulations concerning the contents and standards of the certificates of good service record and other matters that must be complied.
The application referred to in the preceding paragraph shall attach the order of appointment issued by the Judicial Yuan or the Ministry of Justice, qualification certification letter by the Ministry of Civil Service, and certificates of good service record issued by the affiliated agency of the applicant. The Judicial Yuan and the Ministry of Justice shall respectively promulgate regulations concerning the contents and standards of the certificates of good service record and other matters that must be complied.
Article 98
An incumbent judge having already been appointed as a tenured judge before the implementation of this Act shall have ipso facto obtained the appointment qualifications for a judge without going through the selection procedure and the calculation of the seniority shall not be affected, so shall be a tenured prosecutor appointed before the implementation of this Act.
The seniority of a judge and a prosecutor shall be jointly calculated with each other.
The seniority of a judge and a prosecutor shall be jointly calculated with each other.
Article 99
Anyone who has not yet obtained the appointment qualifications for a tenured judge or a tenured prosecutor before the implementation of this Act shall obtain the appointment qualifications subject to the relevant laws and regulations prior to the implementation of this Act, provided, however, however, that the limitations on the assistant judge to serve only as an associate or a designated judge during the assistant period shall apply the provisions under this Act .
Article 100
Article 77, Paragraph 3 shall not apply to a tenured judge or a prosecutor who has ceased to handle cases in accordance with Article 40, Paragraphs 1 or 2 of the Act Governing the Judicial Personnel before the implementation of this Act and has been provided with remunerations of an incumbent judge or prosecutor.
Article 101
After the implementation of this Act, any provision concerning judges or prosecutors under the existing laws in conflict with in this Act shall no longer be applicable.
Article 101-1
For cases that were filed with the Disciplinary Chamber of the Judiciary before the amended provisions to this Act came into effect on June 28, 2019, and not yet concluded, after the amendments to this Act are implemented, they shall be handled in accordance with the following provisions:
1. The trial shall be continued by the Disciplinary Chamber of the Judiciary in accordance with the amended procedural regulations. However, for the procedures that had been carried out in accordance with the law before the amendment is implemented, the effect thereof shall not be affected.
2. The types of disciplinary action and other substantive regulations shall be subject to the regulations before the implementation of the amendments. However, if the amended regulations after the implementation are in favor of the judges and prosecutors subject to the discipline, the regulations that are most favorable to the judges and prosecutors subject to the discipline shall apply.
1. The trial shall be continued by the Disciplinary Chamber of the Judiciary in accordance with the amended procedural regulations. However, for the procedures that had been carried out in accordance with the law before the amendment is implemented, the effect thereof shall not be affected.
2. The types of disciplinary action and other substantive regulations shall be subject to the regulations before the implementation of the amendments. However, if the amended regulations after the implementation are in favor of the judges and prosecutors subject to the discipline, the regulations that are most favorable to the judges and prosecutors subject to the discipline shall apply.
Article 101-2
Before the implementation of the amendment to Article 50-1, if there are circumstances as specified in Paragraph 1 of the said Article, they shall not apply to the provisions after the implementation of the amendments thereto.
Article 101-3
For those who had served as the member of the Judicial Selection Committee, the member of the Judicial Evaluation Committee, and the judge of the Disciplinary Chamber of the Judiciary provision before the implementation of Article 7, Article 34, and Article 48 of this Act as amended on June 28, 2019, the term of office shall end on the preceding one day upon the date of implementation of the aforementioned Articles, and shall not be subject to limitations on the term of office prior to the amendments.
Article 102
The Judicial Yuan, in conjunction with the Executive Yuan and the Examination Yuan, shall promulgate the Implementing Regulations of this Act.
The formulation, amendment, and abolishment of rules promulgated by the Taiwan Bar Association under the authorization of this Act shall be submitted to the governing authority for reference and immediately forwarded to the Legislative Yuan.
The formulation, amendment, and abolishment of rules promulgated by the Taiwan Bar Association under the authorization of this Act shall be submitted to the governing authority for reference and immediately forwarded to the Legislative Yuan.
Article 103
This Act shall be implemented one year after being promulgated, except that the judge evaluation under Chapter 5 shall be implemented six months after being promulgated and Article 78 to be implemented three years and six months after being promulgated.
The amended Articles of this Act shall come into effect on the date of promulgation, unless a separate date is set for an Article's implementation.
The provisions of this Act as amended on June 28, 2019, shall be implemented one year after being promulgated, except for Article 2, Article 5, Article 9, Article 31, Article 43, Article 76, Article 79, and Article 101-3, which shall be implemented from the date of promulgation.
With the exception of Article 76, which shall come into effect on the date of promulgation, the date of implementation of the provisions of this Act, as amended on May 31, 2022, shall be determined by the Judicial Yuan.
The amended Articles of this Act shall come into effect on the date of promulgation, unless a separate date is set for an Article's implementation.
The provisions of this Act as amended on June 28, 2019, shall be implemented one year after being promulgated, except for Article 2, Article 5, Article 9, Article 31, Article 43, Article 76, Article 79, and Article 101-3, which shall be implemented from the date of promulgation.
With the exception of Article 76, which shall come into effect on the date of promulgation, the date of implementation of the provisions of this Act, as amended on May 31, 2022, shall be determined by the Judicial Yuan.