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

Print Time:2024/11/22 14:48
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Chapter Law Content

Chapter 6 Protection of Judges
Article 42
A tenured judge shall not be removed from office unless having found to have of any of the followings:
1. Received final conviction and sentence for civil disturbance, treason, or intentional abuse of office.
2. Received final conviction and imprisonment sentence of a crime other than prescribed in the preceding section and is detrimental to the judgeship.
3. Received a declaration of guardianship.
A tenured judge, on the date the declaration of guardianship or assistance is announced, may retire from his position or receive severance in accordance with the relevant provisions
If an incumbent Justice should incur any of the matters stipulated in Paragraph 1, the Judicial Yuan shall, with a quorum of two-thirds of the Justices and an agreement of more than two-thirds of those present, submit a request to the President for the removal from office.
Unless provided otherwise in this Act, Paragraphs 1 and 2 shall apply, mutatis mutandis, to assistant and probationary judges.
Article 43
Unless provided otherwise by law, a tenured judge shall not be suspended from his/her office unless one of the following circumstances occurs:
1. Not being qualified to serve as a civil servant in accordance with the provisions of the Civil Service Employment Act.
2. Being under the circumstances stipulated in Subparagraph 5 of Article 6.
3. Being wanted or detained subject to criminal proceedings.
4. Being under the execution of the final criminal adjudication, and subject to the proclamation of imprisonment or custody, subject to the conviction but not converted to the fine as required, or subject to the pecuniary proclamation being converted to labor service in accordance with the regulations.
5. Being involved in a significant criminal offense or disciplinary conduct.
6. There are objective facts sufficient to determine that the judge cannot perform his/her duties, which has been so confirmed by the panel composed of relevant specialist doctors, scholars, and experts invited by the Judicial Yuan.
A tenured judge under legal suspension of duty may, within three months upon the extinction of the reasons for suspension, apply for reinstatement in accordance with the provisions relating to reinstatement of the Civil Service Protection Act and the Civil Service Discipline Act.
The salary and remuneration for tenured judges during the periods of suspension of duty and after the reinstatement due to factors stipulated in Subparagraphs 1 to 5 of Paragraph 1 shall apply mutatis mutandis to the Civil Service Salary and Remuneration Act; for the suspension of duty due to factors stipulated in Subparagraph 6 of Paragraph 1, one-third of the basic salary and allowance stipulated in Paragraph 1 of Article 71 shall be paid, provided that the period shall not exceed three years.
If the Justice of the Judicial Yuan is in any of the various circumstances stipulated in Paragraph 1, the Judicial Yuan shall, with the attendance of two-thirds of all the Justices and with the consent of more than half of the Justices in attendance, submit a petition to the President for the suspension of his/her duty; for the suspension of duty due to factors stipulated in Subparagraph 6 of Paragraph 1, one-third of the monthly salary and allowance stipulated in Article 72 shall be paid during the period of suspension of duty.
If the tenured judge or Justice of the Judicial Yuan commits corruption and is rendered a guilty verdict which has become final and binding, or is adjudicated by the Disciplinary Chamber of the Judiciary which has become final and binding and is subject to the disciplinary sanctions specified in Subparagraphs 1 to 3, Paragraph 1 of Article 50, the basic salary already received during the period of suspension of duty shall be returned.
Article 44
Unless provided by law or agreed to in person, no tenured judge may be transferred to any position other than a judgeship.
Article 45
In addition to securing the personal consent, a commissioned judge is not subject to regional transfers unless is met with one of the following causes:
1. Installation of a court, merger of courts or adjustment of staffing quota.
2. Urgent need of supplemental workforce to meet the need of adjudication.
3. Reinstatement from the extinction of legal suspension.
4. Sufficient grounds to justify the relocation.
5. Need of court business with no appropriate personnel to volunteer, to detail the judge at the same level for no more than two years, and to transfer back to the same court thereafter.
The Judicial Yuan shall promulgate regulations concerning the detailing of judges under Section 5 of the preceding paragraph. The Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the subsidiary allowances for the period of detail.
Article 46
In addition to securing the personal consent, a tenured judge is not subject to transfer between different levels unless is met with one of the following causes:
1. To transfer to the level directly below due to the installation of a court, merger of courts or adjustment of staffing quota.
2. To strengthen the trial functions on fact finding by detailing those who have served continuously at the high court for more than two years to the court directly below.
3. The placement of the reinstated [judge] at the original court is apparently inappropriate after the cause of legal suspension is extinct.
4. Sufficient grounds to justify that the continuous serving at the original court is inappropriate.
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