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

Print Time:2024/11/24 10:44
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Chapter Law Content

Chapter II: Power of Impeachment
Article 4
Following a motion of impeachment proposed by members of the Control Yuan in accordance with provisions of Article 6 and Article 7 of the Act, members of the Control Yuan shall promptly be assigned rotationally by lots to undertake examinations as prescribed in Article 8 and Article 9 of the Act.
Examination of impeachment cases shall be performed by an examination committee formed by thirteen members of the Control Yuan, except in cases where the number of serving members available when convening the committee is less than thirteen.
In the event that a member sequentially assigned to serve on the examination committee has taken leave, the vacancy shall be filled by another member according to the rotational sequence.
Article 5
The Department of Supervisory Operations shall set a date for convening the examination committee in an impeachment case within three days after receiving notification from the initiators of the case. Members of the supervisory committee shall be notified in rotational order to take up their positions five days before the date of the meeting. The documents and relevant information on the impeachment case shall be delivered confidentially to the committee members two days before the meeting.
At least nine examination members shall be present for votes by the impeachment examination committee on impeachment cases, and committee meetings shall be chaired by the first sequentially assigned member present. The attending members shall vote by signed ballot and decisions shall be rendered by agreement of a majority of the voting members. The ballots shall include the name and signature of the voting members for verification.
If the impeachment case involves more than one individual, decisions shall be rendered separately for each individual.
Article 6
In the event that a member of the examination committee deems necessary an explanation of the facts or context in the examination of an impeachment case, he or she may request that the initiators of the case be present and provide explanation. The initiators shall leave after answering the questions of the examination committee.
Should the examination committee deem it necessary, an impeachment text, after examination decision, may be amended with the agreement and participation of the initiators of the case.
The initiators of an impeachment case may formally request the retraction of the case prior to the declaration of examination by the chair of the examination committee.
Article 7
In impeachment cases, the examination committee shall determine whether the case is established or not under review.
The following resolutions shall all be made by the impeachment examination committee when the case is established:
1. The agency to be served.
2. Whether to notify the superior or official in charge to take immediate remedial action.
3. Whether to transfer the case to a law court or court martial for handling in accordance with the law.
After the impeachment examination committee has been convened, records shall be kept of the actual proceedings of meetings.
Article 8
Following the rendering of a decision regarding an impeachment case after examination, a written examination decision shall be produced, noting the case number and including the following items:
1. The initiators of the case.
2. The name, agency or organization, position, and official class/rank of the person impeached.
3. The reason for impeachment.
4. The decision on the impeachment case, which shall include whether the case was established or not, the vote counts for and against establishment, and handling of the case in line with Articles 14 and 15 of these Rules.
5. The names of the committee members who voted on the decision.
6. Referring agency or association.
7. The names of the examination committee members.
8. The signature of the committee chairperson.
9. The date of examination committee convening.
Article 9
Should the examination committee decide that an impeachment case is not established, the initiators said case shall be notified in writing within three days. If the initiators object to the decision, two or more of the initiators may challenge the decision within ten days beginning the day after notification. After the report has been submitted to the president of the Control Yuan, the other members shall review it in turn. Should the initiators not put forward any objection, the original decision for non-establishment shall be confirmed.
After any objection is submitted to the president of the Control Yuan per the preceding paragraph, a re-examination committee shall be convened within three months from the day following the president’s signing of the objection.
The re-examination committee shall be convened and the provisions of Article 5 shall be mutatis mutandis applied.
Article 10
The examination committee shall, after deciding to establish a motion of impeachment, notify the disciplinary organ and send a copy of the notification to the superior at the agency of the impeached person.
Article 11
Written responses presented by the relevant agencies to the Control Yuan after a motion for impeachment is sent shall be promptly submitted to the members initiating the case. The initiators shall complete their review and ratification within ten days. If the initiators are unable to review and ratify the case, review and ratification may be performed by, in the following order of precedence, the chair of the examination committee, an elected member of the examination committee, a designated member by the Control Yuan or an on-duty member.
Article 12
(Deleted)
Article 13
(Deleted)
Article 14
The initiators in a case of impeachment shall be promptly notified for review and ratification after the disciplinary organ serves its resolution to the Control Yuan. If the initiators deem there are legal grounds for reconsideration, the Control Yuan shall send a written request to the disciplinary organ to re-examine and reconsider the resolution. If notification of immediate relief and handling has been made according to provisions in Article 14 of the Control Act, review and ratification shall be completed after the superior or official in charge replies in writing to the Control Yuan on the handling status of the case. In cases involving criminal responsibility that have been transferred to the said competent court or court martial, review and ratification shall be completed after the said courts notify the Control Yuan of the status on their decision. When deemed proper, a case closing report shall be drafted and submitted to the Control Yuan plenary meeting.
If the initiators feel that further examination is needed, the Control Yuan shall submit a written request to the relevant authorities to conduct an inquiry.
Alternatively, the initiators may directly investigate the case. When deemed proper, a case closing report shall be drafted and submitted to the Control Yuan plenary meeting after conducting the inquiry or investigation.
If the initiators are unable to review and ratify the case, review and ratification may be performed by, in the following order of precedence, the chair of the examination committee, an elected member of the examination committee, a designated member by the Control Yuan, or an on-duty member.
Article 14-1
After the impeachment case has been decided by the disciplinary court, should the members of the Control Yuan other than the initiators of the case or the people believe that there are statutory reasons for retrial, the relevant committees shall notify the initiators for review and ratification. If the initiators believe that the statutory reasons for retrial are met, it shall be brought to the disciplinary court in accordance with the law for retrial. However, if the initiators for any reason cannot ratify, it shall be handled in accordance with Article 11.
If the initiators do not believe that statutory reasons for retrial have been met, but after the review and ratification by the committee in the preceding paragraph, it is deemed necessary to initiate a retrial investigation, then two or more members of the committee members other than the initiators of the case shall be assigned or assigned in rotation, and a retrial investigation report shall be submitted.
The review of the retrial investigation report in the preceding paragraph shall be conducted by members of the Control Yuan other than the initiators, and the provisions of Articles 4 to 6 shall apply mutatis mutandis. After review, should it be determined that there are statutory reasons for retrial, and it shall be immediately transferred to the disciplinary court for initiation of a retrial.
After filing for retrial in accordance with the preceding paragraph, the relevant litigation documents shall be served to the Control Yuan and shall immediately be sent to the appointed committee members referred to in Paragraph 2 for deliberation.
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