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Title: Regulations Governing Litigation Aid for Civil Service for Performing Duties CH
Amended Date: 2003-12-19
Category: Civil Service Protection and Training Commission(公務人員保障暨培訓委員會)
Article 1
These Regulations are prescribed pursuant to Article 22, Paragraph 3 of the Civil Service Protection Act (hereinafter “the Act”).
Article 2
The litigation aid for civil servants as referred to in Article 3 and Article 102 of the Act when performing their duties in accordance with laws shall be governed by these Regulations.
Article 3
Whether a civil servant is performing duties as referred to in Article 22, paragraph 1 of the Act shall be determined by the agency where he/she serves based on his/her duty scope.
Article 4
A civil servant is deemed to perform his/her duties if he/she obeys the written order given by his/her superior according to Article 17, paragraph 1 of the Act and an action is arising from his/her performance. However, it shall not be deemed to perform his/her duties if such order violates any criminal law.
Article 5
The litigation referred to in paragraph 1, Article 22 of the Act shall mean a civil and/or criminal action arising from performing duties by a civil servant in accordance with laws.
The civil and/or criminal action referred to in preceding paragraph shall mean a civil servant to be a plaintiff, defendant or intervenor in a civil action, and complainant, private prosecutor, the accused, or suspect in a criminal investigation or trial process.
Article 6
A civil servant retaining attorneys to defend him/her and provide legal assistance as referred to in paragraph 1, Article 22 of the Act shall mean to retain attorneys to provide the aids of being represented by attorneys to advocate and defend the case, legal consultancy, negotiation, document drafting and other necessary legal aids.
Article 7
The agency where a civil servant serves shall retain attorneys for him/her for litigations arising from performing his/her duties. The civil servant shall consent to the appointment of attorney in advance, except in the situation that such consent is not available for cause.
The civil servant who does not agree with the retaining or appointment of attorney in accordance with the preceding paragraph may retain attorneys by himself/herself and file an written application for the reimbursement from the agency he/she serves by providing the relevant evidence.
Article 8
A civil servant who believes that the agency he/she serves fails to provide litigation aid in accordance with paragraph 1 of the preceding article may file a written application containing the reason for litigation aid for retaining attorneys or reimbursement of the attorney fees to such agency.
The agency receiving the application in preceding paragraph shall make a decision within one month from the date of next day of receiving application. If the agency fails to make a decision within the above period, it can inform the applicant and extend the decision-making period. However, the extension shall be made only once and be no longer than one month.
The preceding article shall apply to the agency approving the application for retaining attorneys in accordance with paragraph 1.
Article 9
If a civil servant waives his/her right of retaining attorney in writing, the agency may exempt from the obligation to retain attorney.
Article 10
A civil servant involving in an action which the agency he/she serves is the other party shall not be provided with litigation aid.
Article 11
The relevant litigation aid regarding a head of an agency involving in an action shall be determined by the superior agency with the power of administrative supervision.
Article 12
The litigation aid of a civil servant to whom an action is initiated against him/her in matters relating to performing his/her duties during his/her working period with the previous agency shall be handled by the previous agency after his/her resignation or transfer.
In case that the previous agency is dissolved or has an organizational change, the litigation aid shall be handled by the agency which assumes the business of the previous agency.
Article 13
Each agency may appoint an examination panel, which consists of members from the department of personnel, ethics, legal system, business unit involving in the action, and other appropriate members, to exam the matters of litigation aid for a civil servant.
Article 14
The attorney’s fee of litigation aid, for each level of criminal investigation, civil and criminal trial per case, shall not exceed 1.5 times of the civil servant’s income for performing duties calculated by taxing authority in the previous year.
The attorney’s fee referred to in the preceding paragraph shall be paid within the budget of each agency. In case that there is a budget deficit, the agency shall report to the competent authority for approval.
Article 15
After the agency a civil servant serves determined not to provide litigation aid for the reason that the civil servant was not performing his/her duties in accordance with laws, the civil servant may reapply for the attorney’s fee to the agency by providing written evidence from the date of final decision, if the case has one of the following situations:
1. a final decision not to prosecute,
2. a final decision to defer the prosecution,
3. a final decision indicating no civil or criminal liability.
The agency receiving the reapplication referred to in the preceding paragraph shall reexamine the application in accordance with the Act and these Regulations and make a decision within one month from the date of receiving. If the agency fails to make a decision within the above period, it may extend the period and notify the applicant. Such extension can be made only once and shall not be longer than one month.
In case that a civil servant is sent to disciplinary sanctions by the agency he/she serves, the decision whether to provide litigation aid shall be determined after the judgment of the Public Functionary Disciplinary Sanction Commission.
The reapplication for litigation aid in accordance with paragraph 1 is extinguished by prescription if it is not exercised within five years from the date of final decision. However, if the failure to make the reapplication is caused by force majeure, the five-year period shall be calculated from the date when the claim is exercisable.
Article 16
In case that a civil servant is provided with litigation aid for his/her attorney’s fee and such attorney’s fee shall be born partly or wholly by the other party in accordance with laws or contracts, the civil servant shall reimburse the portion which is paid by the other party. If the civil servant fails to reimburse the money, the agency he/she serves shall issue a written order to reimburse within certain period of time.
Article 17
In case after a final decision not to prosecute, to defer the prosecution, or to impose disciplinary sanctions and the agency a civil servant serves determines that he/she is intentional or grossly negligent, the agency shall issue a written order to reimburse the money within certain period of time if he/she is provided with litigation aid.
Article 18
A civil servant who shall reimburse the money for litigation aid in accordance with the two preceding articles and can not reimburse the whole at once may reimburse the money in installment if it is agreed by the agency he/she serves.
Article 19
A compulsory enforcement shall be imposed if a civil servant who is ordered in writing by the agency he/she serves to reimburse the money for litigation aid within certain period of time and fails to do so.
Article 20
If a civil servant dies when performing his/her duties or involving in an action, these Regulations shall apply mutatis mutandis to the person’s litigation aid resulting from his/her initiating or assuming the action in accordance with laws.
Article 21
These Regulations shall apply mutatis mutandis to the following persons who perform their duties and an action is initiated against them:
1. political appointees,
2. elected public officials,
3. educators who are appointed but not within the scope of Article 2 of the Educators Appointment Act.
4. other persons and military servants who serves in government bodies, public schools, or government-owned enterprises in accordance with laws.
Article 22
The litigation aid arising from autonomous matters for mayor of city supervised directly by the Executive Yuan and county (city) shall be determined by the Executive Yuan for the case of mayor of city directly established by the central government, and by the central competent government authorities for the case of mayor of county (city).
The litigation aid arising from performing duties for the council speaker of city directly established by the central government and county (city) shall be determined by the Executive Yuan for the case of council speaker of city supervised directly by the Executive Yuan, and by the central competent authorities for the case of council speaker of county (city).
The litigation aid arising from autonomous matters for the major of township (city) shall be determined by the county government.
The litigation aid arising from performing duties as the chairperson of township (city) council shall be determined by the county government.
The litigation aid arising from delegated matters for the major of city directly supervised by the Executive Yuan, county (city), township shall be determined by the delegating government body.
Article 23
These Regulations shall become effective as the date of promulgation.