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 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.

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.

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 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 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.

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.

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.

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.

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.

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.