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

Print Time:2024/11/22 09:31
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Chapter Law Content

Title: Control Act CH
Category: Control Yuan(監察院)
Chapter III: The Power of Censure
Article 19
If a member of the Control Yuan considers a public functionary guilty of violation of law or dereliction of duty, which requires suspension of duty or urgently remedy, he or she may submit a written censure which shall be examined and decided by three or more other members of the Control Yuan. The censure shall be forwarded by the Control Yuan to the superior or the official in charge of the public functionary. If a case involves violation of the criminal or military law, it shall be turned over to the competent law court or court martial for action.
When a Control Yuan member files a written censure case against a public functionary below the recommended rank in his or her area of control, he or she may invite the attention of the superior or the official in charge of the functionary in question.
Article 20
If a censure case is considered unwarranted but the initiator thinks otherwise, it shall be reexamined by another three or more members of the Control Yuan for final decision.
Article 21
After the written censure against a public functionary reaches the hand of his or her superior or official in charge, except the part of the case that involves the violation of criminal law or military law, which shall be handled separately by a law court or court martial, the superior or the official in charge shall handle the case within one month in accordance with the Law of Discipline Against Public Functionaries. He or she may suspend the duty of the censured public functionary. If the superior or the official in charge considers that no action should be taken, he or she shall submit his or her justifications to the Control Yuan.
Article 22
If a superior or official in charge does not handle a censure case in accordance with the previous article, or if the action taken is considered inappropriate by two or more members of the Control Yuan, the censured public functionary may be impeached.
If the superior or the official in charge of the censured public functionary does not, after receiving the censure notice, punish him or her in accordance with the provision of the previous article or decides not to punish him or her, the superior official or the official in charge shall be held responsible for dereliction of duty, if the censured person is punished with impeachment.
Article 23
The provisions of Articles 8, 11, 12, 13, and 16 shall be applicable mutatis mutandis to a case of censure.
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