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

Print Time:2024/11/22 16:21
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Chapter Law Content

Title: Court Organization Act CH
Category: Judicial Yuan(司法院)
Attachment:
Chapter V The Prosecutorial Agencies
Article 58
All levels of courts and their branches shall have a corresponding prosecutors office or a branch office.
The prosecutors office referred to in the preceding paragraph is divided into the following three levels:
1. The District Prosecutors Office.
2. The High Prosecutors Office.
3. The Supreme Prosecutors Office.
Article 59
The prosecutors office of all levels and their branches shall have prosecutors. The Supreme Prosecutors Office shall have one Prosecutor General, and the other prosecutors offices and their branches shall each have one chief prosecutor; who shall oversee the various administrative affairs of their respective office.
If there are six or more prosecutors in one prosecutors office of any level or their branches, the office may be divided into divisions; each division shall have one head prosecutor to supervise various affairs of the division.
Article 59-1
(Deleted)
Article 60
(The Authority of Prosecutors)
The authority of prosecutors is as follows:
1. Implementing investigations, initiating public prosecutions, implementing prosecutions, assisting in private prosecutions, assuming private prosecutions, and commanding the execution of criminal judgments;
2. Implementing other duties as provided by law.
Article 61
(Prosecutors' Relationship with the Court)
Prosecutors exercise their authority independently from the court.
Article 62
(Area Where Prosecutors Perform Their Duties)
Prosecutors perform their duties within the area of jurisdiction of the Prosecutors' Office, to which each prosecutor belongs. However, the provisions do not apply, in case of an emergency or as otherwise stipulated by law.
Article 63
The Prosecutor General shall, pursuant to the provisions of this Act and other laws, command and supervise prosecutors of the Supreme Prosecutors Office as well as prosecutors in the High Prosecutors Offices, their lower Offices and branches.
Chief prosecutors shall, pursuant to the provisions of this Act and other laws, command and supervise prosecutors within their assigned prosecutors office and of its subordinate offices.
Prosecutors shall comply with the orders of supervising commander as described in the preceding two paragraphs.
Article 63-1
To handle cases of major corruption, economic crimes, and severe crimes against social order, the High Prosecutors Offices, their lower offices and branches may, as required, temporarily transfer professional personnel of relevant agencies to assist in investigations.
When performing duties, as described in the preceding paragraph, prosecutors of the High Prosecutors Offices, their lower offices and branches may exercise the authority of their individual hierarchies in accordance with the assignment of chief prosecutor of the Taiwan High Prosecutors Office, or the Prosecutor General, without the restrictions of such stipulations as provided in Article 62.
The provisions of this Article, amended on November 18, 2016, shall be implemented on January 1, 2017.
Article 64
(Transfer of Prosecutorial Affairs)
The Prosecutor General or a chief prosecutor may personally handle matters being processed by prosecutors under his command and supervision, and may transfer such matters to other prosecutors under his command.
Article 65
Chief prosecutors of the High Prosecutors Offices and the District Prosecutors Offices may assign prosecutors from their individual offices to perform concurrently the duties of the prosecutors of their branches.
Article 66
The position of Prosecutor General of the Supreme Prosecutors Office is by special appointment.
The Prosecutor General of the Supreme Prosecutors Office is nominated and appointed by the President with the approval of the Legislative Yuan. The position carries a term limit of four years, and the appointee cannot be re-appointed.
The Prosecutor General of the Supreme Prosecutors Office is not required to appear for inquiries at the Legislative Yuan, except for annual budget or legal cases.
If the post of Prosecutor General of the Supreme Prosecutors Office is vacant for any reason or if the Prosecutor General is unable to fulfill the required job functions, the President shall submit a new candidate within three months from the date of such an issue. The post shall be appointed after the approval of the Legislative Yuan. The four-year term is re-started, and the office holder cannot be re-appointed.
If the Prosecutor General of the Supreme Prosecutors Office was a judge or a prosecutor at the time of his/her appointment, he/she may resume the position of a judge or a prosecutor after serving the post.
A month before the term of the Prosecutor General of the Supreme Prosecutors Office expires, the President shall act pursuant to the provisions of paragraph 2.
Article 66-1
The Ministry of Justice may transfer prosecutors, prosecutors-in-probation or prosecutors-in-training of High Prosecutors Offices, their lower Offices, and their branches to serve in the Supreme Prosecutors Office, under the supervision of prosecutors to handle matters relating to trial proceedings review, legal issue analysis, data collection, and document drafting.
The Ministry of Justice may transfer prosecutors-in-probation or prosecutors-in-training of District Prosecutors Offices or their branches to serve in High Prosecutors Offices or their branches, under the supervision of prosecutors to handle matters relating to trial proceedings review, legal issue analysis, data collection, and document drafting.
The Ministry of Justice may transfer prosecutors-in-training to serve in the District Prosecutors Offices or their branches, under the supervision of prosecutors to assist in handling matters relating to trial proceedings review, legal issue analysis, data collection, and document drafting.
The duration, in which prosecutors, prosecutors-in-probation or prosecutors-in-training are transferred to serve in other offices, as described in the preceding three paragraphs, shall accrue towards the seniority of a prosecutor, prosecutor-in-probation or prosecutor-in-training, respectively.
Article 66-2
The prosecutors offices of all levels and their branches shall each establish a Prosecuting Investigators Division, staffed by prosecuting investigators; if there are two or more prosecuting investigators in one Division, a head prosecuting investigator shall be staffed. The Division may, depending on the requirements of cases, be divided into sections, and each section shall have a section chief that is served concurrently by a prosecuting investigator, without separate staffing for the chief positions.
The position rankings of prosecuting investigators are grades 7 to 9 of the recommendation rank. Two of the prosecuting investigators of the classification 1of District Prosecutors Offices and their branches, as listed in the appendix of paragraph 1 of Article 73, may have the position rankings of grade 10 of the selection rank. A head prosecuting investigator shall have the position ranking of grade 9 of the recommendation rank, or grade 10 of the selection rank.
Article 66-3
(Affairs Handled by Prosecuting Investigators)
The following affairs are handled by prosecuting investigators under the command of prosecutors:
1. Implement searches, seizures, inspections orexecutearrests with a warrant;
2. Question a plaintiff, informer, defendant, witness or an expert witness;
3. Assist prosecutors in exercising their authority, as stipulated in the provisions of Article 60.
When implementing the affairs as described in the first two subparagraphs of the preceding paragraph, a prosecuting investigator is deemed to have the same authority as a judicial police officer, as provided in Article 230 Paragraph 1 of the Code of Criminal Procedure.
Article 66-4
A prosecuting investigator should be hired from candidates who possess one of the following qualifications:
1. Who passed the Prosecuting Investigator Examination, which is equivalent to the Senior Level of Civil Service Examination, or the Special Examination for Judicial Personnel;
2. Who passed the bar exam, and have the hiring qualifications of a recommendation rank position;
3. Who have served for more than three years as police officers, or as investigating personnel at the Ministry of Justice Investigation Bureau with excellent performance, and have the hiring qualification of a recommendation rank position;
4. Who have graduated from a public or duly recognized private university or an independent college, have served as a clerk in a court or a prosecutors office, handling criminal records for more than three years with excellent performance, and have the hiring qualifications of a recommendation rank position;
When handling cases relating to the Criminal Code of the Armed Forces, or cases that involve affairs of the military, national and societal security, the prosecutors offices of all levels and their branches may, as required, request the transfer of personnel from the Ministry of National Defense who have more than three years of seniority as military law officers to handle prosecuting investigators' affairs. In such cases, the provisions of paragraph 2 of the preceding Article shall apply. The period of secondment shall not exceed four years. Matters relating to the secondment method, seniority, treatment, remuneration, performance, reward and discipline shall be determined by the Ministry of Justice and the Ministry of National Defense.
A head prosecuting investigator shall have the same hiring qualifications as that of a prosecuting investigator and the position ranking qualifications for the proposed post, as well as the required leadership ability.
For those who have the qualifications to practice law, the duration time spent serving as a prosecuting investigator shall accrue towards their seniority of legal practice.
Article 67
The District Prosecutors Offices and their branches shall establish Probation Officers Offices, staffed by probation officers, clinical psychologists, and assistants. If there are two or more probation officers in one office, a chief probation officer position shall be staffed; if there are six or more probation officers, the office may be divided into sections. The position of the section chief shall be served concurrently by a probation officer with no separate staffing for a chief.
The position rankings of probation officers are grades 7 to 9 of the recommendation rank. Two of the probation officers of the classification 1of District Prosecutors Offices and their branches, as listed in the appendix of paragraph 1 of Article 73, may have the position ranking of grade 10 of the selection rank. Chief probation officers shall have the position ranking of grade 9 of the recommendation rank, or grade 10 of the selection rank; clinical psychologists shall have the position ranking of grade (3) of medical practitioner; and assistants shall have the position rankings of grades 4 to 5 of the elementary rank, and one half of which may have grade 6 of the recommendation rank.
Article 68
The High Prosecutors Offices, their lower Offices and branches shall have forensic physicians. If there are two or more forensic physicians in one office, a chief forensic physician shall be staffed. The position rankings of forensic physicians are grades 7 to 9 of the recommendation rank, and the chief forensic physician is grade 9 of the recommendation rank or grade 10 of the selection rank. However, forensic physicians of the District Prosecutors Offices and their branches may have the position ranking of grade 5 of the elementary rank.
The High Prosecutors Offices, their lower Offices and branches shall have Inspectors with position rankings of grades 3 to 5 of the elementary rank, or grades 6 to 8 of the recommendation rank.
Article 69
The provisions of Article 22, Paragraph 3 of Article 23, Article 38, and Article 52 shall apply mutatis mutandis to the District Prosecutors Offices and their branches, the High Prosecutors Offices and their branches, and the Supreme Prosecutors Office respectively.
The High Prosecutors Offices, their lower Offices and branches, may establish Enforcement Sections to handle criminal enforcement matters, and each section may be divided into units. Section chief shall be served concurrently by the 1st class clerk, and unit chief shall be served concurrently by the 1st or 2nd class clerk. Neither chief position shall have separate staffing.
The High Prosecutors Offices or their branches, may establish Detention Affairs Sections to handle administrative affairs relating to supervising detention centers and juvenile detention centers, and the Sections may be divided into units. One section chief with position ranking of grade 9 of the recommendation rank, section clerks with position rankings of grade 5 of the elementary rank or grades 6 to 7 of the recommendation rank, and clerks with position rankings of grades 1 to 3 of the elementary rank shall be staffed for each Section. Unit chief shall be served by a section clerk concurrently with no separate staffing.
Article 70
The Supreme Prosecutors Office, the High Prosecutors Offices and their branches shall have 1st class interpreters with position rankings of grades 8 to 9 of the recommendation rank, 2nd class interpreters with position rankings of grades 6 to 7 of the recommendation rank, 3rd class interpreters with position rankings of grades 4 to 5 of the elementary rank, and assistant technical specialists with position rankings of grade 5 of the elementary rank or grades 6 to 7 of the recommendation rank.
The District Prosecutors Office and their branches shall have 1st class interpreters with position rankings of grades 7 to 8 of the recommendation rank, 2nd class interpreters with position rankings of grades 6 to 7 of the recommendation rank, 3rd class interpreters with position rankings of grades 4 to 5 of the elementary rank, and assistant technical specialists with position ranking of grade 5 of the elementary rank or grades 6 to 7 of the recommendation rank.
The total number of the 1st class interpreters, and the 2nd class interpreters, as described in the preceding two paragraphs, shall not exceed one half of the total number of the 1st, 2nd and 3rd class interpreters of the same prosecutors office.
Article 71
The prosecutors office of all levels and their branches shall staff clerk assistants with position rankings of grades 1 to 3 of the elementary rank.
Article 72
The provisions of Articles 24 through 26, Articles 40 through 42, Articles 54 through 56 shall apply mutatis mutandis to the District Prosecutors Offices and their branches, the High Prosecutors Offices and their branches, and the Supreme Prosecutors Office respectively.
Article 73
The provisions shown in the appendix govern the classifications and staffing of the District Prosecutors Offices and their branches.
The applicable classifications of and changes to each District Prosecutors Offices and their branches shall be determined by the Executive Yuan.
Article 74
The provisions shown in the appendix govern the classifications and staffing of the High Prosecutors Offices and their branches.
The applicable classifications of and changes to each High Prosecutors Offices and their branches shall be determined by the Executive Yuan.
Article 76
(The Allocation of Judicial Police)
Prosecutors may allocate judicial police; the same rule applies when judges handle criminal cases.
The regulations that govern the allocation of judicial police shall be stipulated separately.    
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