No Support JavaScript

Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 08:48
:::

Chapter Law Content

Title: Control Act CH
Category: Control Yuan(監察院)
Chapter II: The Power of Impeachment
Article 5
(Deleted)
Article 6
In case members of the Control Yuan impeach any public functionary who is believed guilty of violation of law or dereliction of duty, the case shall be proposed to the Yuan by at least two members.
Article 7
A case of impeachment shall be proposed in writing and in detail; the members who have made the proposal may make supplementary statements before the case is examined.
Article 8
If a case of impeachment is established after being examined by nine or more members, excluding the initiators of the case, the Control Yuan shall turn over the case to a competent disciplinary organ for action. If a new fact or evidence is found, it shall, after examination, be turned over to the disciplinary organ.
Impeachment examination committee decisions shall be rendered by signed vote, with the decision rendered by a majority in agreement.
Article 9
Examination of impeachment cases shall be assumed by all the members of the Control Yuan in rotation.
Article 10
If an impeachment case is decided during examination as not justifiable and the initiators of the case demur the decision, it shall be re-examined by nine or more other members of the Control Yuan for final decision.
Article 11
Members of the Control Yuan who are involved in an impeachment case shall remove themselves from its examination.
Article 12
The President of the Control Yuan shall in no case attempt to influence or interfere with the impeachment proceedings.
Article 13
Members of the Control Yuan and its staff shall not disclose a case of impeachment to the public before a decision has been rendered by examination.
The Control Yuan shall promulgate an impeachment case when a decision has been rendered by examination. Where a case involved issues of national security, diplomacy, or any other area where confidentiality is legally mandated, such confidential information shall be redacted.
Article 14
At the time when an impeachment case is turned over to the disciplinary organ, if the Control Yuan considers the violation of law or dereliction of duty involved in the case is serious enough to require immediate remedy, the Yuan shall inform the offender‘s superior and official in charge to take immediate remedial action.
If the superior official in charge, after being informed, fails to take any action against the offender, he or she shall be considered guilty of dereliction of duty if the offender is reprimanded.
Article 15
If the Control Yuan considers an impeached public functionary has violated the criminal law or military law, the Control Yuan shall, in addition to forwarding the case to the disciplinary organ, turn over the case to the competent court or court martial for action according to law.
Article 16
When an impeachment case is turned over to the disciplinary organ and the law court or court martial, the competent organs shall take action immediately and inform, through the Control Yuan, as soon as possible, the initiating members of the case of the actions taken.
Any defense statement made by the impeached public functionary shall be forwarded through the Control Yuan to the members who have initiated the case without delay. The initiating members shall forward their opinion, if any, to the disciplinary organ within ten days of receipt of the statement.
Article 17
(Deleted)
Article 18
A person who has been punished as a result of impeachment shall not be employed by any government organization during the period of suspension of duty.
Any promotion he or she is entitled by law during the proceeding of the case of punishment shall be canceled after a decision on the punishment is made. The promotion shall be valid, if the punishment is a reprimand.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)