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

Print Time:2024/11/23 23:47
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Chapter Law Content

PART I GENERAL PRINCIPLES
Chapter II Administrative Court
Section 2 Disqualification of Judges
Article 19
A judge shall recuse himself or herself in any of the following circumstances:
1. Where there is one of the circumstances provided for in Subparagraphs 1 to 6 of Article 32 of the Code of Civil Procedure;
2. Where the judge participated in the decision-making of the administrative act or the petition-and-appeal decision at an agency at the central government or local government regarding the same case in dispute;
3. Where the judge participated in the civil adjudication or criminal adjudication relating to the same dispute;
4. Where the judge participated in the deliberation or adjudication of the cases concerning disciplinary measures against officials, judges, or prosecutors relating to the same dispute;
5. Where the judge participated in the earlier instances of the adjudication of the same dispute; or
6. Where the judge participated in earlier instances prior to rehearing of the same dispute. However, the recusal in such circumstance is limited to only once.
Article 20
Articles 33 to 38 inclusive of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances prescribed in this Section.
Article 21
The provisions of the preceding two Articles shall apply mutatis mutandis to all Judicial Affair Officers, court clerks and interpreters.
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