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

Print Time:2022/11/29 02:34
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Chapter Law Content

Chapter 8 Disciplinary Actions towards Attorneys
Section 5 Re-Consideration Procedures
Article 106
After the resolution of the Attorney Disciplinary Committee or the Attorney Disciplinary Re-examination Committee is concluded, under any of the following circumstances, the original authority or the organizations referring to disciplinary proceedings or the person subject to disciplinary actions may petition for re-consideration:
1. There are obvious errors in the application of laws or regulations;
2. The organization of the Attorney Disciplinary Committee or the Attorney Disciplinary Re-examination Committee is illegal;
3. Any member who should be recused by law participates in the resolution;
4. Any member participating in the resolution acts against his/her duties and has been proved to have committed criminal offences, or such member is subject to any disciplinary actions for violation of his/her duties relating to the resolution that may affect the original resolution;
5. The testimony, appraisal, interpretation or exhibit on which the original resolution is based, is determined and proved to be false, forged or altered;
6. The same conduct is subsequently ruled not to prosecute, or a criminal judgment based on a resolution has been changed due to a subsequently concluded decision;
7. Any new, authentic evidence is found, which is deemed that the original resolution should be changed;
8. Important evidence that may affect the original resolution has not been considered; or
9. The law or order that applies to the resolution has been interpreted by the grand justice of the Judicial Yuan as a violation of the Constitution.
Article 107
The petition for re-consideration shall be filed within the following period:
1. In the case of a reason stated in Subparagraphs 1 to 3 and Subparagraph 8 of the preceding article, within 30 days from the date when the original resolution is served;
2. In the case of a reason stated in Subparagraphs 4 to 6 of the preceding article, within 30 days from the date when the relevant final criminal judgement is served on the person being judged. However, if the reasons for re-consideration are known by the person thereafter, such period should begin at the time of such knowledge;
3. In the case of a reason stated in Subparagraph 7 of the preceding article, within 30 days from the date of discovery of new evidence; or
4. In the case of a reason stated in Subparagraph 9 of the preceding article, within 30 days from the day immediately following the announcement of the interpretation.
Any petition for re-consideration shall not be filed if it is longer than five years from the time when the resolution is finalized to the time of re-consideration; provided, however, that this does not apply to cases where any situation stated in Subparagraphs 4 to 9 of the previous Article is cited as a reason for re-consideration.
Article 108
The original final resolution to be reconsidered that is made by the Attorney Disciplinary Committee shall be reconsidered by the Attorney Disciplinary Re-Consideration Committee; that made by the Attorney Disciplinary Re-Examination Committee shall be reconsidered by the Attorney Disciplinary Re-Examination Re-Consideration Committee.
In case of any petition for re-consideration, the petitioner should state the reasons in writing, attach thereto a copy thereof, together with a copy of the original resolution and evidence, and submit the petition to the Attorney Disciplinary Re-Consideration Committee or the Attorney Disciplinary Re-Examination Re-Consideration Committee.
Article 109
When accepting any petition for re-consideration, the Attorney Disciplinary Re-Consideration Committee or the Attorney Disciplinary Re-Examination Re-Consideration Committee should mail the copy of the petition and any attachment thereto to the Attorney Disciplinary Committee or the Attorney Disciplinary Re-Examination Committee that makes the original resolution, the original authority or organization referring to disciplinary proceedings, or the party subject to the disciplinary action, and notify them that they may file an opinion or a defense within a designated period of time, unless such petition is illegal.
The Attorney Disciplinary Re-Consideration Committee or the Attorney Disciplinary Re-Examination Re-Consideration Committee may directly make a resolution if the Attorney Disciplinary Committee or the Attorney Disciplinary Re-Examination Committee that makes the original resolution, the original authority or organization referring to disciplinary proceedings, or the party subject to the disciplinary action fails to file an opinion or a defense within a designated period of time without any justifiable reason.
Article 110
No petition for re-consideration has the effect of suspending the execution of any disciplinary actions.
Article 111
Where the Attorney Disciplinary Re-consideration Committee or the Attorney Disciplinary Re-Examination Re-consideration Committee determines that the petition for re-consideration is illegal or unreasonable, it shall resolve that such petition should be dismissed.
Where the Attorney Disciplinary Re-consideration Committee or the Attorney Disciplinary Re-Examination Re-consideration Committee determines that the petition for re-consideration is reasonable, the original resolution shall be revoked and make a new resolution.
In the case stipulated in the preceding paragraph, the original disciplinary action shall be suspended and implemented in accordance with the new resolution, and the conditions before the execution of such disciplinary action shall be restored, unless such conditions may not be restored.
Article 112
Any petition for re-consideration may be withdrawn before being resolved by the Attorney Disciplinary Re-consideration Committee or the Attorney Disciplinary Re-Examination Re-consideration Committee.
In case of any petition that has been withdrawn or resolved, no petition for re-consideration for the same reason may be filed.
Article 113
Provisions of Section 1 hereof shall apply mutatis mutandis to matters relating to the organization, recusal and review of the Attorney Disciplinary Re-consideration Committee and the Attorney Disciplinary Re-Examination Re-consideration Committee; provisions of Sections 2 and 3 shall apply mutatis mutandis to the re-consideration procedures, unless otherwise provided in this Section.
The Ministry of Justice shall formulate the organization and the review rules of the Attorney Disciplinary Re-consideration Committee and the Attorney Disciplinary Re-Examination Re-consideration Committee by after consultation with the National Bar Association, and submit the review rules to the Executive Yuan in conjunction with the Judicial Yuan for approval.
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