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Chapter V The Prosecutorial Agencies
Article 58
(The Prosecutors' Office)
All levels of courts and their branches shall have a Prosecutors' Office.
Article 59
(The Establishment of Prosecutorial Agencies)
The Prosecutors' Office of all levels of courts and their branches shall have prosecutors. The Supreme Court Prosecutors' Office shall have one Prosecutor General, and the Prosecutors' Offices of other courts and their branches shall each have one Chief Prosecutor; who shall oversee the various administrative affairs of their respective office.
If there are more than 6 prosecutors in one Prosecutors' Office of any level of courts or their branches, the office may be divided into divisions; each division shall have one Head Prosecutor to supervise various affairs of the division.
Article 59-1
(The Establishment of Prosecutorial Personnel Review Committee)
The Ministry of Justice shall establish a Prosecutorial Personnel Review Committee to review matters concerning the appointment, dismissal, transfer, relocation, evaluation, reward and discipline of chief prosecutors, and other prosecutors in the High Court Prosecutors' Offices, their lower courts and branches.
The resolutions of reviews, as described in the preceding paragraph, should be submitted to the Minister of Justice for approval, followed by a public announcement.
Prior to the selection of the chief prosecutors by the Minister of Justice, the Prosecutorial Personnel Review Committee shall nominate candidates that are double in number to the number of vacancies for the Minister of Justice's selection. The Prosecutorial Personnel Review Committee should be consulted in the matter of relocating a Chief Prosecutor.
The Prosecutorial Personnel Review Committee consists of 17 committee members: with four representatives as assigned by the Minister of Justice, the Prosecutor General, and three representatives as assigned by the Prosecutor General, as well as nine representatives as elected by all the prosecutors. The Minister of Justice shall assign a Deputy Minister with judicial officer status to be the Chairman of the committee.
The term of the selected/elected committee members, as mentioned in the preceding paragraph, is one year, and may be re-selected/re-elected once.
Representatives of all prosecutors are elected by a confidential, anonymous and single selection ballot, with the entire nation as one constituency. A Prosecutors' Office is limited to having only one elected representative on the committee.
The installation method of the Prosecutorial Personnel Review Committee, its review subjects, procedures, resolution methods, and relevant matters pertinent to the regulation of reviews, shall be determined by the Ministry of Justice after consulting with the Prosecutorial Personnel Review Committee.
Article 60
(The Authority of Prosecutors)
The authority of prosecutors is as follows:
1. Implementing investigations, initiating public prosecutions, implementing prosecutions, assisting in private prosecutions, assuming private prosecutions, and commanding the execution of criminal judgments;
2. Implementing other duties as provided by law.
Article 61
(Prosecutors' Relationship with the Court)
Prosecutors exercise their authority independently from the court.
Article 62
(Area Where Prosecutors Perform Their Duties)
Prosecutors perform their duties within the area of jurisdiction of the Prosecutors' Office, to which each prosecutor belongs. However, the provisions do not apply, in case of an emergency or as otherwise stipulated by law.
Article 63
(The Command and Supervisory Authority of Prosecutor General)
The Prosecutor General shall, pursuant to the provisions of this Act and other laws, command and supervise prosecutors of the Supreme Court Prosecutors' Office as well as prosecutors in the High Court Prosecutors' Offices, their lower courts and branches.
Chief Prosecutors shall, pursuant to the provisions of this Act and other laws, command and supervise prosecutors within their assigned Prosecutors' Office and of its subordinate offices.
Prosecutors shall comply with the supervising commander's orders as described in the preceding two paragraphs.
Article 63-1
(The Authority of High Court Prosecutors' Offices, Their Lower Courts and Branches, Concerning Secondment of Professional Personnel of Relevant Agencies, As Required to Assist in Investigations)
To handle cases of major corruption, economic crimes, and severe crimes against social order, High Court Prosecutors' Offices, their lower courts and branches may, as required, temporarily transfer professional personnel of relevant agencies to assist in investigations.
When performing duties, as described in the preceding paragraph, prosecutors of High Court Prosecutors' Offices, their lower courts and branches may exercise the authority of their individual hierarchies in accordance with the assignment of chief prosecutors of Taiwan High Courts, or the Prosecutor General, without the restrictions of such stipulations as provided in Article 62.
The provisions of this Article, amended on November 18, 2016, shall be implemented on January 1, 2017.
Article 64
(Transfer of Prosecutorial Affairs)
The Prosecutor General or a chief prosecutor may personally handle matters being processed by prosecutors under his command and supervision, and may transfer such matters to other prosecutors under his command.
Article 65
(The Authority of Chief Prosecutor)
Chief Prosecutors of High Court Prosecutors' Offices and District Court Prosecutors' Offices may assign prosecutors from their individual offices to perform concurrently the duties of the Prosecutors' Office of their associate branches.
Article 66
(The Position Ranking of Prosecutors)
The position of Prosecutor General of the Supreme Court Prosecutors' Office is by special appointment; the position ranking of Head Prosecutor is grade 14 of the selection rank; the position rankings of prosecutors are grades 13 to 14 of the selection rank.
The position ranking of chief prosecutors of High Prosecutors' Offices are grade 13 to 14 of the selection rank, and chief prosecutors of their branches are grades 12 to 14 of the selection rank. The position rankings of Head Prosecutors of High Court Prosecutors' Offices and their branches are grades 11 to 13 of the selection rank; Prosecutors are grades 10 to 11 of the selection rank or grade 9 of the recommendation rank; and those who serve continuously for more than two years may be promoted to grades 12 to 14 of the selection rank.
The position rankings of Chief Prosecutors of District Court Prosecutors' Offices and their branches are grades 10 to 12 of the selection rank; Head Prosecutors are grades 10 to 11 of the selection rank, or grade 9 of the recommendation rank; prosecutors are grades 8 to 9 of the recommendation rank, or grades 10 to 11 of the selection rank; prosecutors-in-probation are grades 7 to 9 of the recommendation rank; and prosecutors-in-training are grades 6 to 8 of the recommendation rank. However, the Chief Prosecutors of a Municipal District Court Prosecutors' Office are grades 11 to 13 of the selection rank.
Prosecutors, who have served in High Court Prosecutors' Offices or their branches for more than two years, and who are transferred to District Court Prosecutors' Offices to serve as chief prosecutors, or head prosecutors, or prosecutors, may be promoted to grades 12 to 14 of the selection rank.
The provisions in the 2nd half of Paragraph 2 of Article 34 shall apply mutatis mutandis to Head Prosecutors and Prosecutors of High Court Prosecutors' Offices and their branches.
The provisions of paragraph 2 and paragraph 4 took effect on January 19, 2001.
The provisions of Article 12 Paragraphs 2 through 4 apply mutatis mutandis to Head Prosecutors and Prosecutors of District Court Prosecutors' Offices and their branches; their evaluation measures shall be determined by the Ministry of Justice.
The Prosecutor General of the Supreme Court Prosecutors' Office is nominated and appointed by the President with the approval of the Legislative Yuan. The position carries a term limit of four years, and the appointee cannot be re-appointed.
The President shall, within one month after the provisions of preceding paragraph become effective, submit a candidate for the Prosecutor General of the Supreme Court Prosecutors Office to the Legislative Yuan.
The Prosecutor General of the Supreme Court Prosecutors Office is not required to appear for inquiries at the Legislative Yuan, except for annual budget or legal cases.
If the post of Prosecutor General of the Supreme Court Prosecutors Office is vacant for any reason or if the Prosecutor General is unable to fulfill the required job functions, the President shall submit a new candidate within three months from the date of such an issue. The post shall be appointed after the approval of the Legislative Yuan. The four-year term is re-started, and the office holder cannot be re-appointed.
If the Prosecutor General of the Supreme Court Prosecutors Office was a judicial officer at the time of his/her appointment, he/she shall resume the position of judicial officer after serving the post.
A month before the term of the Prosecutor General of the Supreme Court Prosecutors Office expires, the President shall act pursuant to the provisions of paragraph 8.
Article 66-1
(Prosecutors of All Levels are Subject to Transfer to Assist Other Prosecutors)
The Ministry of Justice may transfer prosecutors or prosecutors-in-training of High Court Prosecutors' Offices, their lower courts' and their branch courts' offices to serve in the Supreme Court Prosecutors' Office, under the supervision of prosecutors to handle matters relating to trial proceedings review, legal issue analysis, data collection, and document drafting.
The Ministry of Justice may transfer prosecutors-in-probation or prosecutors-in-training of District Court Prosecutors' Offices, and their branches' offices to serve in High Court Prosecutors' Offices, or their branch courts' offices, under the supervision of prosecutors to handle matters relating to trial proceedings review, legal issue analysis, data collection, and document drafting.
The Ministry of Justice may transfer prosecutors-in-training to serve in the District Court Prosecutors' Offices or their branches, under the supervision of prosecutors to assist in handling matters relating to trial proceedings review, legal issue analysis, data collection, and document drafting.
The duration, in which prosecutors, prosecutors-in-probation or a prosecutors-in-training are transferred to serve in other offices, as described in the preceding three paragraphs, shall accrue towards the seniority of a prosecutor, prosecutor-in-probation or prosecutor-in-training, respectively.
Article 66-2
(The Staffing and Position Rankings of Prosecuting Investigators)
The Prosecutors' Offices of all levels of courts and their branches shall each establish a Prosecutor Investigators' Office, staffed by prosecuting investigators; If there are more than two prosecuting investigators in one office, a head prosecuting investigator shall be staffed. The office may, depending on the requirements of cases, be divided into divisions, and each division shall have a division chief that is served concurrently by a prosecuting investigator, without separate staffing for the chief positions.
The position rankings of prosecuting investigators are grades 7 to 9 of the recommendation rank. Two of the prosecuting investigators from the Prosecutors' Office of Category I District Courts and their branches, as listed in the appendix of Article 73 Paragraph 1, may have the position rankings of grade 10 of the selection rank. A head prosecuting investigator shall have the position ranking of grade 9 of the recommendation rank, or grade 10 of the selection rank.
Article 66-3
(Affairs Handled by Prosecuting Investigators)
The following affairs are handled by prosecuting investigators under the command of prosecutors:
1. Implement searches, seizures, inspections orexecutearrests with a warrant;
2. Question a plaintiff, informer, defendant, witness or an expert witness;
3. Assist prosecutors in exercising their authority, as stipulated in the provisions of Article 60.
When implementing the affairs as described in the first two subparagraphs of the preceding paragraph, a prosecuting investigator is deemed to have the same authority as a judicial police officer, as provided in Article 230 Paragraph 1 of the Code of Criminal Procedure.
Article 66-4
(The Qualifications of Prosecuting Investigators)
A prosecuting investigator should be hired from candidates who possess one of the following qualifications:
1. Who passed the Prosecuting Investigator Examination, which is equivalent to the Senior Level of Civil Service Examination, or the Special Examination for Judicial Personnel;
2. Who passed the bar exam, and have the hiring qualifications of a recommendation rank position;
3. Who have served for more than three years as police officers, or as investigating personnel at the Ministry of Justice Investigation Bureau with excellent performance, and have the hiring qualification of a recommendation rank position;
4. Who have graduated from a public or duly recognized private university or an independent college, have served as a clerk in a prosecutors' office or a court, handling criminal records for more than three years with excellent performance, and have the hiring qualifications of a recommendation rank position;
When handling cases relating to the Criminal Code of the Armed Forces, or cases that involve affairs of the military, national and societal security, the Prosecutors' Offices of all levels of courts and their branches may, as required, request the transfer of personnel from the Ministry of National Defense who have more than three years of seniority as military law officers to handle prosecuting investigators' affairs. In such cases, the provisions of paragraph 2 of the preceding Article shall apply. The period of secondment shall not exceed four years. Matters relating to the secondment method, seniority, treatment, remuneration, performance, reward and discipline shall be determined by the Ministry of Justice and the Ministry of National Defense.
A head prosecuting investigator shall have the same hiring qualifications as that of a prosecuting investigator and the position ranking qualifications for the proposed post, as well as the required leadership ability.
For those who have the qualifications to practice law, the duration time spent serving as a prosecuting investigator shall accrue towards their seniority of legal practice.
Article 67
(The Staffing and Position Rankings of Probation Officers, Clinical Psychologists, and Assistants)
The District Court Prosecutors' Offices and their branches shall establish Probation Offices, staffed by probation officers, clinical psychologists, and assistants. If there are more than two probation officers in one office, the chief probation officer position shall be staffed; if there are more than six probation officers, the office may be divided into divisions. The position of the division chief shall be served concurrently by a probation officer with no separate staffing for a chief.
The position rankings of probation officers are grades 7 to 9 of the recommendation rank. Two of the probation officers of the Prosecutors' Office of Category I District Courts and their branches, as listed in the appendix of Article 73 Paragraph 1, may have the position ranking of grade 10 of the selection rank. Chief probation officers shall have the position ranking of grade 9 of the recommendation rank, or grade 10 of the selection rank; clinical psychologists shall have the position ranking of grade (3) of medical practitioner; and assistants shall have the position rankings of grades 4 to 5 of the elementary rank, and one half of which may have grade 6 of the recommendation rank.
Article 68
(Forensics,Inspectors)
The High Court Prosecutors' Offices, their lower courts and branches shall have Forensics. If there are more than two Forensics in one office, the position of Chief Forensic shall be staffed. The position rankings of Forensics are grades 7 to 9 of the recommendation rank, and the Chief Forensic is grade 9 of the recommendation rank or grade 10 of the selection rank. However, Forensics of the District Court Prosecutors' Offices and their branches may have the position ranking of grade 5 of the elementary rank.
The High Court Prosecutors' Offices, their lower courts and branches shall have Inspectors with position rankings of grades 3 to 5 of the elementary rank, or grades 6 to 8 of the recommendation rank.
Article 69
(Applicable Law)
The provisions of Article 22, Article 23 Paragraph 3, Article 38, and Article 52 shall apply mutatis mutandis to the District Court Prosecutors' Offices and their branches, High Court Prosecutors' Offices, and their branches, and the Supreme Court Prosecutors' Office respectively.
The High Court Prosecutors' Offices, their lower courts and branches, may establish Enforcement Sections to handle criminal enforcement matters, and each section may be divided into units. Section chief shall be served concurrently by the 1st class clerk, and unit chief shall be served concurrently by the 1st or 2nd class clerk. Neither chief position shall have separate staffing.
The High Court Prosecutors' Offices, or their branches, may establish Detention Affairs Sections to handle administrative affairs relating to supervising detention centers and juvenile detention centers, and the Sections may be divided into units. One section chief with position ranking of grade 9 of the recommendation rank, section clerks with position rankings of grade 5 of the elementary rank or grades 6 to 7 of the recommendation rank, and clerks with position rankings of grades 1 to 3 of the elementary rank shall be staffed for each Section. Unit chief shall be served by a section clerks concurrently with no separate staffing.
Article 70
(The Position Rankings of Interpreters and Technical Specialists)
The Supreme Court Prosecutors' Office, High Court Prosecutors' Offices, and their branches shall have 1st class interpreters with position rankings of grades 8 to 9 of the recommendation rank; 2nd class interpreters with position rankings of grades 6 to 7 of the recommendation rank; 3rd class interpreters with position rankings of grades 4 to 5 of the elementary rank; and technical specialists with position rankings of grade 5 of the elementary rank or grades 6 to 7 of the recommendation rank.
The District Court Prosecutors' Office and their branches shall have 1st class interpreters with position rankings of grades 7 to 8 of the recommendation rank; 2nd class interpreters with position rankings of grades 6 to 7 of the recommendation rank; 3rd class interpreters with position rankings of grades 4 to 5 of the elementary rank; and technical specialists with position ranking of grade 5 of the elementary rank or grades 6 to 7 of the recommendation rank.
The total number of the 1st class interpreters, and the 2nd class interpreters, as described in the preceding two paragraphs, shall not exceed one half of the total number of the 1st, 2nd and 3rd class interpreters of the same Prosecutors' Office.
Article 71
(The Staffing of Clerk Assistants in Prosecutors' Office of All levels of Courts)
The Prosecutors' Office of all levels of courts and their branches shall staff clerk assistants with position rankings of grades 1 to 3 of the elementary rank.
Article 72
(Applicable Law for Prosecutors' Office of All Levels of Courts)
The provisions of Articles 24 through 26, Articles 40 through 42, Articles 54 through 56 shall apply mutatis mutandis to the District Court Prosecutors' Offices and their branches, High Court Prosecutors' Offices, and their branches, and the Supreme Court Prosecutors' Office respectively.
Article 73
(The Classifications and Staffing of the District Court Prosecutors' Offices)
The provisions shown in the appendix govern the classifications and staffing of the District Court Prosecutors' Offices and their branches.
The applicable classifications of and changes to each District Court Prosecutors' Offices and their branches shall be determined by the Executive Yuan.
Article 74
(The Classifications and Staffing of the High Court Prosecutors' Office)
The provisions shown in the appendix govern the classifications and staffing of the High Court Prosecutors' Office and their branches.
The applicable classifications of and changes to each High Court Prosecutors' Offices and their branches shall be determined by the Executive Yuan.
Article 75
(The Staffing of the Supreme Court Prosecutors' Office)
The provisions shown in the appendix govern the staffing of the Supreme Court Prosecutors' Office.
Article 76
(The Allocation of Judicial Police)
Prosecutors may allocate judicial police; the same rule applies when judges handle criminal cases.
The regulations that govern the allocation of judicial police shall be stipulated separately.