Chapter V. Impeachment against the President or the Vice President
(Contents of Pleadings Concerning Impeachment)
The Legislative Yuan may lodge a petition with the Constitutional Court for a judgment upholding the impeachment against the President or the Vice President pursuant to Article 4, Paragraph 7 of the Additional Articles of the Constitution.
Petitions under the preceding paragraph shall be submitted in writing and include the particulars below:
(1) the name of the petitioning authority, the location thereof and its representative;
(2) the name, the occupation, and the domicile or the residence of the advocate, where applicable;
(3) the name, and the domicile or the residence of the impeached;
(4) the proceedings leading to the adoption of the impeachment resolution;
(5) the underlying facts and evidence supporting the impeachment and the reasons to remove the impeached from office; and
(6) the titles of the annexes and the number thereof.
(Dismissing a Petition for Impeachment)
The proceedings of the cases under this Chapter shall not be affected by the expiration of the term of office of the impeached, by the dissolution of the Legislative Yuan, or by the ending of the term of the Legislative Yuan. Notwithstanding, if the impeached resigns from office, no longer holds the post, or dies prior to the pronouncement of the judgment, the Constitutional Court shall dismiss the petition by a ruling.
(Conditions for Withdrawal of Impeachment)
Until the pronouncement of the judgment, the petition may be withdrawn on the basis of a resolution adopted by at least a two-thirds majority of the total number of members of the Legislative Yuan.
The withdrawal of the petition must be made in writing and include the official copy of the resolution as provided for by the preceding Paragraph.
The petitioning authority may not re-petition the case that has been withdrawn based on the same underlying facts
(Designation of Oral Argument Date and Preparation Period)
The presiding Justice of the Constitutional Court shall promptly set a date for oral argument when she or he considers that oral argument is ripe to be held.
There shall be a preparation period of at least twenty days between the date of service and the date scheduled for oral argument.
The impeached may appoint defense counsels.
Defense counsels shall be attorneys. Notwithstanding, a person who is not an attorney may be appointed with the presiding Justice's permission.
Where there are multiple defense counsels, the service of documents shall be made to individual counsels.
The provisions of this Act concerning advocates shall apply mutatis mutandis to defense counsels.
(Non-Attendance of Party)
If either party fails to appear in court on the date for oral argument, a new date shall be scheduled.
The Constitutional Court may render judgment, regardless, if the petitioning authority or the impeached fails to appear in court on the rescheduled date.
(Impeachment Proceedings at Oral Argument Sessions)
At oral argument, the petitioning authority shall state the facts of and the reasons for the impeachment, followed by the reply of the impeached.
Following the reply of the impeached, the presiding Justice shall examine evidence and hear oral arguments on points of fact and law from the listed below in order:
(1) the petitioning authority;
(2) the impeached; and
(3) the defense counsel.
Points of fact and law having been debated may be subject to further debate; the presiding Justice may also require points of fact and law having been debated to be further debated.
Before the conclusion of the argument, the presiding Justice shall provide the impeached with an opportunity to state opinions.
(Vote Threshold for Impeachment and the Holding of a Judgment)
The judgment upholding the impeachment shall be rendered by a two-thirds majority of the total number of the incumbent Justices of the Constitutional Court. The holding shall also declare the impeached to be removed from office.
Failing the required majority as provided for by the preceding Paragraph, the Constitutional Court shall render a judgment declaring the impeachment unsustained.
(Time Limit for Impeachment Adjudication)
The Constitutional Court shall pronounce the decision within six months after it receives the petition for impeachment.