Chapter 7 Disciplinary Chamber of the Judiciary
Article 47
The Disciplinary Court shall establish the Disciplinary Chamber of the Judiciary to be in charge of the following matters:
1. Disciplinary actions against judges.
2. Matters of complaints by judges against the revocation of appointment qualifications, removal from office, suspension of duty, discharge of duty, office transfer to positions other than judgeship, or transfer thereof.
3. Judicial supervision over matters that affect the judicial independence of judges.
4. Other matters subject to the jurisdiction of the Disciplinary Chamber of the Judiciary in accordance with the law.
No administrative action shall be filed against the adjudication rendered by the Disciplinary Chamber of the Judiciary.
Article 48
The trial and adjudication on cases of the first instance of the Disciplinary Chamber of the Judiciary shall be conducted by a collegiate panel composed of one Judge of the Disciplinary Court as the presiding judge together with two judges as associate judges. However, when the disciplinary case against judges is on trial, two Expert Lay Judges shall be added as the members of the collegiate panel.
At least one of the judges in the collegiate panel referred to in the preceding paragraph shall be in the same trial system as the judge to be disciplined; for disciplinary cases concerning Justices of the Judicial Yuan, all associate judges shall be composed of judges from the Supreme Court or the Supreme Administrative Court.
The associate judges referred to in Paragraph 1 shall possess ten or more years of experiences as tenured judges, whose candidacy shall be recommended by the Judicial Selection Committee with a slate of three judges from ordinary courts and administrative courts respectively, to be submitted to the President of the Judicial Yuan for the appointment for a term of three years, which may be reappointed. The number thereof may be increased depending on the need of business.
The presidents of all courts shall not be the associate judge of the Disciplinary Chamber of the Judiciary.
The Expert Lay Judge referred to in the proviso of Paragraph 1 shall be selected by the Judicial Selection Committee of the Judicial Yuan with six scholars and social representatives, to be submitted to the President of the Judicial Yuan for the appointment. They shall serve a term of three years and shall not be re-appointed. The number thereof may be increased depending on the need of business.
Those who are in one of the following circumstances shall not serve as an Expert Lay Judge:
1. Being the current chairman of the national and local bar associations.
2. Being civil servants. However, faculty and research personnel of public schools at all levels and academic and research institutions shall not apply thereto.
3. Staff members of political parties.
Article 48-1
Expert Lay Judges referred to in the proviso of Paragraph 1 of the preceding Article shall have the same functions and powers as judges, and shall exercise their functions and powers independently in accordance with the law without any interference.
Expert Lay Judges shall perform their duties fairly and honestly in accordance with the law, shall not act in a way detrimental to judicial justice and credibility, and shall not disclose secrets from the evaluation and other secrets known in the course of performing their duties.
If Expert Lay Judges are in one of the circumstances stipulated in Paragraph 1 of Article 42 and various subparagraphs of Paragraph 1 of Article 43, or there are specific facts and evidence that are sufficient to determine that it could be difficult to expect the performance of their duties to be fair, the President of the Judicial Yuan may, with the consent of the Judicial Selection Commission, discharge their duties.
Expert Lay Judges shall be paid for daily expenses, travel expenses, and related necessary expenses according to the number of days of their appearance in court.
The payment method of the expenses in the preceding paragraph and the code of ethics for Expert Lay Judges shall be determined by the Judicial Yuan.
Article 48-2
The trial and adjudication on cases of the second instance of the Disciplinary Chamber of the Judiciary shall be conducted by a collegiate panel composed of the President of the Disciplinary Court as the presiding judge together with two judges of the Supreme Court, one judge of the Supreme Administrative Court, and one Judge of the Disciplinary Court as associate judges.
The associate judges of the Supreme Court and the Supreme Administrative Court referred to in the preceding paragraph shall be selected by the Judicial Selection Committee and submitted to the President of the Judicial Yuan for the appointment for a term of three years, which may be reappointed. The number thereof may be increased depending on the need of business.
Article 48-3
Judges who are appointed as members of the Disciplinary Chamber of the Judiciary shall be obligated to perform concurrent duties.
When the Judicial Selection Committee selects members of the Disciplinary Chamber of the Judiciary in accordance with Paragraphs 3 and 5 of Article 48, and Paragraph 2 of Article 48-2, it shall also select candidates for replacement at the same time in order to fill the vacancy when necessary, with the term of office lasting until the vacant term expires.
The allocation of workload and substitution management of the Disciplinary Chamber of the Judiciary shall be determined by all members of the Disciplinary Chamber of the Judiciary.
The selection and replacement rules for the members of the Disciplinary Chamber of the Judiciary shall be determined by the Judicial Yuan.
Article 49
Judges who are in any of the circumstances stipulated in various subparagraphs of Paragraph 2 of Article 30 shall be subject to disciplinary action when such action is deemed necessary.
The provisions in Paragraph 2 of Article 30 concerning the individual case evaluation of judges and provisions in Article 50 concerning the discipline shall also apply to judges transferred to serve as judicial administrative personnel, of retirement, or of resignation for other reasons on their conduct before the transfer, retirement or resignation.
No legal opinion on the application of law shall be taken into consideration as the basis of the cause for the disciplinary action against judges.
The conduct of the judge that is subject to disciplinary action shall not be disciplined twice for the same conduct. The original disciplinary disposition shall become invalid once the Disciplinary Chamber of the Judiciary has rendered the adjudication with disciplinary action, without disciplinary action or dismissal of the case which has become final and binding for the same conduct.
The act of the judge that is subject to disciplinary action has already been punished with criminal or administrative penalties may also be subject to disciplinary action for the same act. The same provision shall apply to the same act of the judge that is not punished with criminal or administrative penalties. However, the disciplinary action shall not be necessary for circumstances of minor violations, which would appear evidently unfair if put under the disciplinary action.
Disciplinary actions under any of the following circumstances shall be ruled to be dismissed:
1. The same conduct has already been subject to the final disciplinary judgment.
2. No discipline is deemed to be necessary once a declaration to deprive citizens' rights is finalized.
3. The statute of limitations in accordance with Article 52 on the enforcement of disciplinary action has elapsed.
4. Being in circumstances referred to in the proviso of the preceding paragraph.
Article 50
The disciplinary disposition against judges shall be as follows:
1. Removal from judgeship duties and prohibition of reappointment as civil servants.
2. Dismissal from office: In addition to dismissal from the incumbent office, all appointments shall be suspended for a period of no less than one year and no more than five years.
3. Removal from judgeship duties and transfer to positions other than the judgeship.
4. Deprivation of pensions and retirement benefits, or deprivation of retirement benefits.
5. Reduction of pensions and retirement benefits by 10% to 20%.
6. Fine: The amount shall be no less than one month but no more than one year of the total current monthly salary or the latest monthly salary while in service.
7. Reprimand.
It is sufficient to determine based on concrete facts and circumstances which are disciplinable that the judge has no longer fit to serve the duty, the disposition stipulated in Subparagraphs 1 to 3 of the preceding paragraph shall be rendered.
No judge subject to disciplinary disposition referred to in Subparagraphs 1 or 2 of Paragraph 1 may serve as an attorney. If he/she has served as an attorney, his/her performance of the duty shall be terminated; no judge subject to disciplinary disposition referred to in Subparagraphs 2 or 3 of Paragraph 1 may be reinstated as a judge.
Those who are subject to disciplinary disposition referred to in Subparagraph 2 of Paragraph 1 and be re-appointed as civil servants upon the expiration of the period of suspension of appointment, shall not be upgraded, promoted, or transferred to supervisory positions within two years from the date of reappointment.
When the Disciplinary Chamber of the Judiciary renders the disciplinary disposition specified in Subparagraph 3 of Paragraph 1, it shall determine on the duty being transferred for after consulting the Judicial Yuan.
The disciplinary disposition referred to in Subparagraphs 4 or 5 of Paragraph 1 shall be limited to judges who have retired or resigned for other reasons. All payments that have been paid thereby shall be recovered, and the pension or retirement benefit that has not been collected by the disciplined judge may be offset, seized, or compulsorily enforced.
The pensions in Subparagraphs 4 or 5 of Paragraph 1 shall refer to the payment of retirement or other payments of resignation calculated based on all years of service before the resignation of the disciplined judge. However, the pension benefits covered under the civil servants and public-school teachers' insurance, as well as the funds paid by the disciplined judge him/herself for the pension fund with the principal and interest thereof shall not apply thereto.
The fine under Subparagraph 6 of Paragraph 1 may be combined with dispositions under the remaining paragraphs other than Subparagraphs 4 and 5 thereof for rendering a disposition.
The disciplinary disposition under Subparagraph 7 of Paragraph 1 shall be rendered in writing.
Article 50-1
Judges who are subject to the disposition under Subparagraphs 1 to 3 of Paragraph 1 of the preceding Article which became final and binding only after the retirement or resignation for other reasons shall be deprived of or reduced their pensions and retirement benefits according to the following provisions; those who have already received such payments shall be recovered all or part of the funds subject to the deprivation or reduction accordingly:
1. Those who have been rendered with the disposition under Subparagraph 1 of Paragraph 1 of the preceding Article shall be deprived of their pensions and retirement benefits from the beginning.
2. Those who have been rendered with the disposition under Subparagraph 2 of Paragraph 1 of the preceding Article shall be deprived of 60% of their pensions and retirement benefits from the beginning.
3. Those who have been rendered with the disposition under Subparagraph 3 of Paragraph 1 of the preceding Article shall be deprived of their retirement benefits from the beginning.
The pension referred to in the preceding paragraph shall be governed by the provisions of Paragraph 7 of the preceding Article.
The personnel referred to in Paragraph 1 who are otherwise subject to disposition imposing severer deprivation or reduction of pensions for the same case in accordance with other laws, the severer disposition shall apply.
Article 51
The disciplinary action against judges shall, except for the circumstance under Article 40, be initiated in the form of an impeachment by the Control Yuan and forwarded to the Disciplinary Chamber of the Judiciary for review.
The Judicial Yuan may forward sua sponte a disciplinable matter directly to the Control Yuan for review, in addition to being subject to the regulations concerning the evaluation of judges.
Prior to forwarding sua sponte directly to the Control Yuan in accordance with the preceding paragraph, the Judicial Yuan shall afford the judge to be disciplined the opportunity to express his/her opinions and obtain a resolution from the Judicial Personnel Review Committee.
Article 52
No judge may be disciplined by reducing his/her pensions and retirement benefits, imposing fines, or reprimand if more than five years has elapsed from the date the disciplinable conduct ends to the date the case is filed with the Disciplinary Chamber of the Judiciary; provided that under the circumstances stipulated in Subparagraph 1, Paragraph 2 of Article 30, the statute of limitation shall run from the date the individual case evaluation may be submitted in accordance with this Act.
The date that the conduct ends referred to in the preceding paragraph shall refer to the date the disciplinable act of the judge concludes. However, where the disciplinable act involves non-action, the period shall start on the date the agency with which the judge is affiliated becomes aware of such non-action.
Article 53
Any judge dissatisfied with the dispositions of the Judicial Yuan on revocation of appointment qualifications, removal from office, suspension of duty, discharge of duty, transfer, or transfer to positions other than judgeship, shall file a written objection with reasons attached to the Judicial Yuan within thirty days from the next day the personnel order is received.
Any judge who contends that the performance supervision has impacted on judicial independence shall, within thirty days since the completion of the supervisory act, file a written objection with reasons attached to the agency with which the performance supervisor is affiliated.
Article 54
The agency referred to in the preceding article shall render its decision within thirty days upon receiving the objection.
The decision made on the objection referred to in Paragraph 1 of the preceding article shall be rendered with a resolution by following the original procedure.
Any judge dissatisfied with the agency decision listed in the preceding article on the objection shall, within thirty days from the second day the service of the decision is delivered, appeal to the Disciplinary Chamber of the Judiciary.
The judge may file a complaint directly to the Disciplinary Chamber of the Judiciary if the agency referred to in the preceding article should have not made a decision within the time frame provided in Paragraph 1.
Article 55
Unless consented by the Disciplinary Chamber of the Judiciary, the judge whose case has been forwarded by the Judicial Yuan or the Control Yuan for disciplinary action or submitted by the Judicial Yuan to the Control Yuan for review shall not apply for retirement or layoff before the judgment rendered becomes final and binding or the review is completed.
Where the judge in the disciplinary proceeding who is over the age of seventy on the day when the judgment becomes final and binding without being rendered with the disposition of dismissal from office or heavier penalty, and has applied for retirement within six months after the judgment becomes final and binding, the retirement benefits calculated based on his/her years in service until the day before reaching the age of seventy shall be paid to the disciplined judge, which shall apply mutatis mutandis to Subparagraphs 1 to 3, Paragraph 1 of Article 78.
Upon receiving the forwarded case referred to in the preceding paragraph, the Disciplinary Chamber of the Judiciary shall provide transcripts of the referral paper to the court with which the judge concerned is affiliated and to the civil service agency.
Article 56
The Control Yuan, the Judicial Yuan, various courts at all levels or their branches, and judges may serve as the party to the cases under various subparagraphs of Article 47.
The Disciplinary Chamber of the Judiciary shall, in reviewing cases forwarded by the Judicial Yuan and submitted by the Judicial Evaluation Committee, notify the Judicial Evaluation Committee of sending members to the chamber to express their opinions.
Article 57
Cases heard by the Disciplinary Chamber of the Judiciary shall be conducted in public court sessions. However, this provision shall not apply to the following circumstances:
1. The risk of damaging good morals and customs
2. The processing procedures of the cases in question are not to be disclosed, pursuant to the legal requirements.
3. The case involves matters that should be kept secret as stipulated by law.
4. When a party petitions for closed sessions, the court may grant such a request after hearing the views of the opposing party, the defender, and the agent ad litem
Article 58
Unless otherwise provided by law, reviews on cases of the first instance conducted by the Disciplinary Chamber of the Judiciary shall include oral arguments.
The presiding judge of the first instance of the Disciplinary Chamber of the Judiciary, when necessary, may assign one judge as the commissioned judge to conduct the preparatory proceedings and clarify the cause of action.
The investigation on evidence by the commissioned judge designated by the presiding judge shall be limited to the following:
1. Where it is necessary to investigate at the location of the evidence.
2. Where it is required by the law to conduct the investigation at places outside the court.
3. Where there is a likelihood that the investigation to be conducted on the day of oral argument will cause destruction or loss of evidence, obstruction of its use, or there are apparently other difficulties involved.
4. Retrieve or order to present exhibits.
5. Petition the competent authority to report on necessary matters.
Article 59
If the Disciplinary Chamber of the Judiciary, in reviewing the disciplinary action, deems it necessary to suspend the duty of the judge in the disciplinary proceeding in advance in light of the seriousness of the matter, it may render a ruling to suspend the duty of the judge in the disciplinary proceeding in advance based on motion or sua sponte and notify the president of the court with which the disciplined judge is affiliated.
Before rendering the ruling in accordance with the preceding paragraph, the Disciplinary Chamber of the Judiciary shall provide the disciplined judge an opportunity to express his/her opinions.
Where the judgment of the first instance rendered by the Disciplinary Chamber of the Judiciary imposes the disciplinary disposition under Subparagraphs 1 to 3 of Paragraph 1 of Article 50, the Disciplinary Chamber of the Judiciary shall rule to suspend the duty of the disciplined judge ex officio and notify the president of the court with which the judge is affiliated, unless the disciplined judge has been suspended from the duty.
An interlocutory appeal against the ruling rendered in the preceding paragraph shall not be filed.
The ruling rendered in Paragraph 1 and Paragraph 3 shall take effect on the next day after it is served on the president of the court with which the judge under discipline is affiliated.
The judge being suspended of duty may apply for reinstatement to the Judicial Yuan once the action in Paragraph 1 is dismissed or the judgment in Paragraph 3 is abandoned. The Civil Service Salary and Remuneration Act shall apply mutatis mutandis to the salary and remuneration for the period of suspension of duty and after the reinstatement.
Article 59-1
If the party is dissatisfied with the final judgment of the first instance rendered by the Disciplinary Chamber of the Judiciary, he/she may appeal to the Disciplinary Chamber of the Judiciary of the second instance within the statutory period of twenty days after the judgment is served. However, appeals filed after the judgment is proclaimed or announced and before the process is served shall also be valid.
Article 59-2
The appeal against the judgment of the first instance rendered by the Disciplinary Chamber of the Judiciary shall be based on the ground that such judgment is in violation of the law and regulations.
Article 59-3
A judgment shall be in contravention of laws and regulations if it does not apply to applicable laws and regulations or its application is improper.
A judgment shall be automatically held in contravention of laws and regulations under one of the following circumstances:
1. Where the Disciplinary Chamber of the Judiciary that renders the judgment concerned is not organized in conformity with the law.
2. Where the judge or the Expert Lay Judge who should have rescued him/herself in accordance with the law or adjudication has participated in the trial.
3. Where the Disciplinary Chamber of the Judiciary has inappropriately identified the jurisdiction.
4. Where the parties are not legally authorized, represented, or defended in the action.
5. Where the judgment does not provide reasons or provides contradictory reasons, which makes it sufficient to affect the outcome of the judgment.
Article 59-4
To file an appeal, the following items shall be stated in the petition for appeal in writing and submitted to the original Disciplinary Chamber of the Judiciary:
1. The parties.
2. The judgment of the first instance and the statement that an appeal is petitioned against such judgment.
3. The extent of appeal against the judgment of the first instance and the statement on how the judgment should be abandoned or amended.
4. The basis for the appeal.
The basis for the appeal in the preceding paragraph shall indicate clearly the following items:
1. The laws and regulations which the original judgment has contravened and the specific content thereof.
2. The specific facts, as revealed by the litigation materials, which may lead to the finding that the original judgment is in contravention of the said laws and regulations.
The petition for appeal in writing under Paragraph 1 shall enclose necessary evidence on the grounds of appeal.
Article 59-5
Cases of the second instance reviewed by the Disciplinary Chamber of the Judiciary shall be concluded within six months.
The judgment of the second instance by the Disciplinary Chamber of the Judiciary shall be rendered through oral argument unless the Disciplinary Chamber of the Judiciary deems it unnecessary.
The regulations governing the implementation of the oral argument in the preceding paragraph shall be formulated by the Disciplinary Court.
Article 59-6
An interlocutory appeal against the ruling of the first instance rendered by the Disciplinary Chamber of the Judiciary may be filed unless it is otherwise prescribed in the regulations.
Article 60
The Judicial Yuan shall promulgate Judges Disciplinary Case Review Rules for the Disciplinary Chamber of the Judiciary in hearing cases under Article 47, Paragraph 1, Section 1.
Unless otherwise provided in this Act, the Administrative Procedures Act shall apply, mutatis mutandis, to the proceedings and rulings of the Disciplinary Chamber of the Judiciary in hearing cases concerning the duties of a judge under Article 47, Paragraph 1, Sections 2, 3, and 4.
Article 61
A party may file a petition for a retrial when not being satisfied with the final and binding judgment rendered by the Disciplinary Chamber of the Judiciary under any of the following circumstances unless the party has filed an appeal to assert the cause or has failed to assert such cause known to him/her:
1. The application of the law is evidently erroneous.
2. The Disciplinary Chamber of the Judiciary that renders the judgment concerned is not organized in conformity with the law.
3. The judge or Expert Lay Judge who should have rescued him/herself in accordance with the law or adjudication has participated in the trial.
4. The judge or Expert Lay Judge participating in the adjudication is proven to have committed a criminal offense in violation of his/her duties, or the disciplinary disposition he/she received due to his/her violation of duties in the adjudication thereof is sufficient to affect the original judgment.
5. The testimony, expert opinion, translation, or exhibit that serves as the basis for the original judgment has been proved to be false, forged, or altered.
6. Failure to consider the critical exhibit sufficient to affect the original judgment.
7. Discovery of concrete and fresh evidence sufficient to warrant the change of the original judgment.
8. The act has been subsequently rendered with the disposition of non-prosecution for the same act, or the civil or criminal judgment and other adjudication or administrative disposition serving as the basis of the judgment concerned have been amended according to the subsequent final and binding judgment or administrative disposition.
9. The law or regulation being applied in the final and binding judgment is, upon the motion of the party, interpreted to be unconstitutional by the Justices of the Judicial Yuan.
A petition for a retrial may be filed under the manifestation of circumstances in Subparagraphs 4 and 5 of the preceding paragraph, provided that they shall be limited to cases with the final and binding judgment, or the criminal proceeding of such cases that cannot be initiated or continued is due to reasons other than lack of sufficient evidence.
If the person subject to the judgment has died after the judgment becomes final and binding, his/her spouse, direct blood relatives, collateral blood relatives within the third degrees, in-laws within the second degrees, parents, or family members may file a retrial in favor of the person subject to the judgment.
A petition for a retrial may nevertheless be filed even after the enforcement of the original judgment is completed.
Article 62
The original Disciplinary Chamber of the Judiciary that renders the judgment concerned shall have the exclusive jurisdiction over the retrial thereof.
The court of the second instance shall have the joint jurisdiction over retrials filed against the judgments rendered on the same matter by the Disciplinary Chamber of the Judiciary of the first instance and second instance.
When a retrial is filed against the judgment of the second instance rendered by the Disciplinary Chamber of the Judiciary based on the grounds provided in Subparagraphs 5 to 8, Paragraph 1 of the preceding Article, the Disciplinary Chamber of the Judiciary of the first instance shall still have the exclusive jurisdiction notwithstanding the circumstances in the preceding two paragraphs.
Article 63
A petition for a retrial shall be filed within the following periods:
1. For the cause of action under Subparagraphs 1 to 3 and 6, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the original judgment becomes final and binding. However, when the judgment becomes final and binding before the process is served, it shall start from the next day when the judgment is served.
2. For the cause of action under Subparagraphs 4, 5, and 8, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the adjudication or disposition concerned becomes final and binding. However, when the ground for a retrial becomes known afterward, it shall start from the day thereof.
3. For the cause of action under Subparagraph 7, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the new evidence is discovered.
4. For the cause of action under Subparagraph 9, Paragraph 1 of Article 61, a petition for a retrial shall be filed within thirty days from the next day when the interpretation is issued.
No petition for a retrial against the interest of the disciplined judge may be filed after one year when the judgment is rendered.
Article 63-1
If the judge of the Disciplinary Chamber of the Judiciary or the judge of the Disciplinary Court has participated in the trial of the second instance of the Disciplinary Chamber of the Judiciary and the judgment rendered becomes final and binding, there is no need of recusal for the petition for a retrial filed against such final and binding judgment.
Article 64
A motion for retrial shall have no effect to suspend the enforcement of judgment.
Article 65
The Disciplinary Chamber of the Judiciary shall issue a ruling to dismiss if it should deem the retrial unlawful.
Article 66
The Disciplinary Chamber of the Judiciary may issue a judgment without oral argument to dismiss the retrial for lack of cause.
The Disciplinary Chamber of the Judiciary shall issue a judgment to dismiss the retrial, even with cause, if it deems the original judgment justified.
Article 67
The arguments and judgment for a retrial is limited to the issues raised in the review.
Article 68
A retrial may be withdrawn before the Disciplinary Chamber of the Judiciary issues its judgment.
Once withdrawn or a judgment is rendered, no motion for another retrial can be made out of the same cause of action.
Article 68-1
A petition for a retrial may be filed against the ruling that has become final and binding and under the circumstances in Paragraph 1 of Article 61 in accordance with the provisions from Article 61 to the preceding Article that are applicable mutatis mutandis.
Article 69
The disciplinary disposition rendered by the Disciplinary Chamber of the Judiciary shall take effect on the next day after the judgment of the second instance on the disciplinary disposition is served on the president of the court with which the disciplined judge is affiliated.
Where the disciplined judge subject to the monetary payment due to the judgment of the disciplinary disposition fails to pay within the considerable time limit set and urged by the affiliated court, the said court may use the judgment as the enforcement title and commission the Civil Enforcement Department or the various branch offices of the Administrative Enforcement Agency of the Ministry of Justice to act on its behalf on the enforcement.
The enforcement procedure in the preceding paragraph shall apply mutatis mutandis to the provisions of the Compulsory Enforcement Act or the Administrative Enforcement Act respectively depending upon whether the enforcement agency is the Civil Enforcement Department or the various branch offices of the Administrative Enforcement Agency of the Ministry of Justice.
After the president of the court with which the disciplined judge is affiliated accepts the judgment of the disposition on deprivation or reduction of pension and retirement benefits, he/she shall immediately notify the pension and retirement benefits payment agency, and the payment or distribution agency shall send urging notice for the performance and commission other courts or agencies for the enforcement in accordance with Paragraph 2.
In the circumstances of Paragraph 2 and Paragraph 4, the judge who retires or resigns for other reasons may also be enforced against his/her pension, retirement benefits, or payments of the resignation for other reasons. If the disciplined judge dies, the compulsory enforcement shall be carried out against his/her estate.
The enforcement measures for the disciplinary judgment against judges shall be formulated by the Judicial Yuan in conjunction with the Executive Yuan and the Examination Yuan.
Article 70
The discipline of a Justice may be through a resolution by a quorum of two-thirds of the incumbent Justices and a vote of two-thirds of those present, to be transmitted and forwarded by the Judicial Yuan to the Control Yuan for review.
If the Control Yuan should deem it necessary to impeach after its review, the case shall be referred to the Disciplinary Chamber of the Judiciary for review.