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Chapter Law Content

Title: Attorney Regulation Act CH
Category: Ministry of Justice(法務部)
Chapter 8 Disciplinary Actions towards Attorneys
Section 1 General Principles
Article 73
An attorney will be subject to a disciplinary action who:
1. has violated Paragraph 4 of Article 24, Paragraphs 1 to 2 of Article 25, Article 28, Article 29, Article 32, Article 34, Article 38, Paragraph 1 of Article 40, Article 41, Article 42, or Articles 44 to 47 hereof;
2. has been convicted of a crime, except non-negligent crimes; or
3. who has violated Paragraph 3 of Article 21, Paragraph 5 of Article 24, Article 30, Article 31, Paragraph 2 of Article 35, Article 36, Article 39, or Article 43 hereof, or seriously violated the Attorneys' Code of Ethics.
Article 74
In case any attorney commits an offense stipulated in Article 7 hereof, the Attorney Disciplinary Committee may order him to stop performing his duties, and should send the decision to suspend his/her duties to the Judicial Yuan, the Ministry of Justice, the local bar association to which the attorney under discipline is admitted and the National Bar Association.
The attorney whose legal duties are suspended in accordance with the preceding paragraph may file an application to Attorney Disciplinary Committee for resumption of legal practice, where the case which he/she is involved in has been adjudicated or he/she has been found not guilty subsequently, or the offense he/she committed is not among the ones set forth in Article 7.
If any attorney fails to resume his/her legal duties in accordance with the preceding paragraph, the decision to suspend his/her duties become invalid when the case concerned is decided; in the case of a verdict of guilty, such attorney shall be treated in accordance with Paragraph 2 of the preceding Article.
Article 75
Where a local bar association reviews an attorney involved in cases of violation of the Attorneys' Code of Ethics, and makes a disposition other than referral to disciplinary proceedings or does not make any disposition toward such attorney, such attorney or the complainant shall appeal to the National Bar Association within 20 days of receipt of the disposition result.
In order to deal with the appeal mentioned in the preceding paragraph, the National Bar Association shall set up the Attorney Ethics and Disciplinary Committee, which should have one chairman, and more than one third of its members shall be impartial persons in society who are not currently practicing attorneys.
The Attorney Ethics and Disciplinary Committee dealing with the appeal mentioned in the preceding paragraph may decide to refer an attorney to disciplinary proceedings, or maintain the original disposition of or dispose or not dispose of an attorney based on its investigation results.
The number of members, qualifications, selection methods, term of office, election of the chairman, organization and operation, application procedures, resolutions, and other relevant matters of/for/relating to the committee referred to in Paragraph 2 hereof shall be determined by the National Bar Association and reported to the Ministry of Justice for reference.
Article 76
Unless otherwise provided by law, attorneys who are subject to disciplinary proceedings or under the circumstances specified in Article 7 hereof shall be forwarded by the following authorities and organizations to the Attorney Ethics and Disciplinary Committee:
1. Each Prosecutors' Office and its branches ranking below the High Prosecutors' Office should do so towards the attorneys performing their duties in its respective region;
2. The local bar association should do so towards its members in accordance with the resolution of the general meeting, the member representatives meeting, or the joint meeting of the board of directors and supervisors; and
3. The National Bar Association should do so towards its individual members in accordance with the resolution of the Attorney Ethics and Disciplinary Committee.
Attorneys subject to disciplinary proceedings for handling matters specified in Paragraph 2 of Article 21 hereof, the central competent authority may, if necessary, refer such attorneys to the Attorney Ethics and Disciplinary Committee based on its scope of business for further handling.
Article 77
The authorities and organizations referring an attorney to disciplinary proceedings shall submit a letter stating reasons for such referral and a copy thereof.
The letter stated in the preceding paragraph shall record the name, gender, date of birth, identity card number, domicile/residence, and facts of and reasons for referral to disciplinary proceedings, of the attorney referred to disciplinary proceedings.
In order to present the letter said in Paragraph 1 hereof, the authority or organization that refers an attorney to disciplinary proceedings may investigate the evidence ex officio, and may consult the court, the prosecutors' office or other authorities by letter. If it is necessary to inquire about the complained attorney, he/she may be notified to be present during the investigation, and a transcript of his/her statements should be made.
Article 78
The members of the Attorney Disciplinary Committee shall be three judges from the High Court, three public prosecutors from the High Prosecutors' office, and seven attorneys and scholars or two impartial persons in society. The Chief Commissioner of such committee should be elected from among its members.
Article 79
If not satisfied with the resolution of the Attorney Disciplinary Committee, the attorney referred to disciplinary proceedings or the authority or organization referring him/her to disciplinary proceedings may appeal to the Bar Discipline Review Committee for review of the case.
Article 80
The member of the Bar Discipline Review Committee shall be three judges from the Supreme Court, three public prosecutors from the Supreme Prosecutors' office, seven attorneys and scholars or two impartial persons in society. The Chief Commissioner of such committee should be elected from among its members.
Article 81
Any member of the Attorney Disciplinary Committee or the Bar Discipline Review Committee should recuse himself/herself from performing his/her duties, if he/she:
1. is the victim of the conduct for which the attorney referred to disciplinary proceedings is subject to disciplinary actions;
2. is or was the spouse, a blood relative within the eighth degree of kinship, or a relative by marriage, a parent or a relative within the fifth degree of kinship, of the attorney referred to disciplinary proceedings or the victim thereof;
3. is engaged to the attorney referred to disciplinary proceedings or the victim thereof;
4. is or was the legal representative of the attorney referred to disciplinary proceedings or the victim thereof;
5. acted as the representative, the defense attorney, or the assistant of the attorney referred to disciplinary proceedings in any administrative appeal proceeding, preparatory proceeding for an administrative appeal, or legal proceeding;
6. has participated in any proceeding relating to the decision and referral to disciplinary actions involving such disciplinary case; or
7. is suspected of impartiality in performance of his/her duties based on other facts.
Article 82
Any member of the Attorney Disciplinary Committee or the Bar Discipline Review Committee who meets any of the criteria stated in the preceding paragraph but fails to recuse himself/herself, the attorney referred to disciplinary proceedings or the original authority or organization referring him/her to disciplinary proceedings may file an application for such recusal.
Where the Attorney Disciplinary Committee or the Bar Discipline Review Committee determines that any member has a reason for recusal, it should make a decision ordering him/her to recuse himself/herself ex officio.
Article 83
The Attorney Disciplinary Committee or the Bar Discipline Review Committee should make a decision on the application submitted by any of its members for recusal. The member against whom such application is made shall not participate in such decision.
Where the member against whom such application is made considers it to be reasonable, he/she should recuse himself/herself immediately without waiting for such decision to be made.
Article 84
The Organizational and Review Rules of the Attorney Disciplinary Committee and the Bar Discipline Review Committee shall be drafted by the Ministry of Justice by consultation with the National Bar Association and then be submitted to the Judicial Yuan, along with the Executive Yuan, for approval.
Section 2 Review Procedures
Article 85
The Attorney Disciplinary Committee shall accept the disciplinary complaints and serve a copy of the letter stating the reasons on the attorney to be referred to disciplinary proceedings. Such attorney shall file a defense within 20 days after receipt of such letter. Those who file the defense after such time limit shall have no effect on the progression of disciplinary proceedings.
The referring authority and organization, the attorney to be referred to disciplinary proceedings and his/her representative may apply for reading and copying the case files and the evidence; provided, however, that the Attorney Disciplinary Committee may refuse or restrict such right if there is a need for confidentiality in accordance with the law, or if it involves any privacy or business secrets of any third parties.
Article 86
Any criminal investigations or trials of any case shall not suspend disciplinary proceedings for the same case; provided, however, that the disciplinary action should be decided based on whether the criminal offense is established, and as the Attorney Disciplinary Committee considers necessary, disciplinary proceedings may be suspended until the criminal judgment is determined.
Article 87
The Attorney Disciplinary Committee shall investigate evidence ex officio, and may engage a local court or other authority to do so. If it is necessary to inquire about the attorney referred to disciplinary proceeding, the Attorney Disciplinary Committee may notify him/her to be present in such investigation and make a transcript of his/her statements.
The chairman of such committee may designate one to three members to investigate the evidence ex officio stipulated in the preceding paragraph.
The court or the authority so engaged under Paragraph 1 hereof shall reply with respect to the investigation in writing and attach thereto the investigation transcript and relevant information.
Article 88
The inquiry and investigation conducted by the Attorney Disciplinary Committee shall not be made public, unless the attorney referred to disciplinary proceedings applies for disclosure of such inquiry or investigation as approved.
The provision of the preceding paragraph shall apply when the local court or other authority is engaged to investigate the evidence under the preceding Article.
Article 89
The Attorney Disciplinary Committee shall complete its review within three months after accepting a disciplinary case, and may extend the review to six months, if necessary.
When the Attorney Disciplinary Committee holds a meeting for review of a case, it shall notify the attorney referred to disciplinary proceedings to present his/her statements in such meeting. However, the review may be carried out without waiting for such attorney to make his/her statements who fails to be present in such meeting without justifiable reasons.
The attorney referred to disciplinary proceedings may engage another attorney to make a statement on his/her behalf under the preceding paragraph.
Article 90
The attorney referred to disciplinary proceedings who is involved in any one of the violations stated in Article 73 hereof shall be subject to disciplinary actions as resolved by the Attorney Disciplinary Committee; in the case of insufficient evidence or in the absence of any violations stated in Article 73 hereof, such attorney shall not be subject to any discipline as resolved by the Attorney Disciplinary Committee.
Article 91
In case of any of the following situations, any disciplinary case should be resolved to be a no-review case:
1. The Attorney Disciplinary Committee has made a final decision on the disciplinary action towards the same conduct by the attorney; or
2. The period of exercise of the disciplinary right stipulated in Article 102 hereof has been lapsed.
Article 92
In case of any of the following situations, any disciplinary case should be resolved to be not accepted:
1. Any referral to disciplinary proceedings which violates the rules and cannot be corrected, or which fails to be corrected after being notified of such violation; or
2. The attorney referred to disciplinary proceedings dies.
Article 93
The review meeting of the Attorney Disciplinary Committee shall be attended by more than two-thirds of the members as the quorum. However, any members who shall recuse themselves in any situations stipulated in Article 81 hereof shall not be counted in the attendance.
The review shall be determined by the opinion that is agreed upon by a majority of the members.
If the opinions under review are divided into three or more and none of such opinions wins a majority of the votes cast by the members, the votes won by the opinion that are most unfavorable to the attorney referred to disciplinary proceedings shall be counted as the vote won by the opinion that are second most unfavorable to such attorney, until a resolution may be made based on an opinion that wins the majority of the votes cast by the members.
The review shall not be made public, and its opinions shall be recorded in the review book and be kept in strict confidence.
Article 94
The review by the Attorney Disciplinary Committee shall be made into a resolution documenting the following matters:
1. The name, gender, and age of the attorney to referred to disciplinary proceedings, and the local bar association to which such attorney belongs;
2. The cause of disciplinary actions;
3. The main text of the resolution;
4. Factual evidence and reasons for the resolution;
5. The year, month, and day of the resolution; and
6. A re-examination request may be filed within 20 days from the date of receipt of the resolution;
The chairman and the members present at the review meeting shall sign the resolution.
Article 95
The Attorney Disciplinary Committee shall serve the original copy of the resolution on the authority or organization referring to disciplinary proceedings and the attorney referred to disciplinary proceedings.
Article 96
Except as otherwise provided in this chapter, the provisions of the Code of Administrative Procedure shall apply to the procedures for reviewing disciplinary actions towards attorneys on a mutatis mutandis basis regarding the service, date, period, interpretation, and making of transcripts.
Section 3 Procedures for Re-Examination
Article 97
The attorney referred to disciplinary proceedings or the authority or organization referring to disciplinary proceedings that is not satisfied with the resolution of the Attorney Disciplinary Committee may request a re-examination of such resolution, provided he/she/it shall do so within 20 days from the date of receipt of the resolution.
In case of a request for re-examination, a letter stating the reasons and its copy shall be submitted to the Attorney Disciplinary Committee.
Article 98
The Attorney Disciplinary Committee shall submit the copy of the letter stating the reasons for requesting the re-examination to the original referring authority or organization group or the attorney being referred to disciplinary proceedings.
The recipient stated in the preceding paragraph may submit an opinion or defense within ten days of receipt of such copy.
Upon the expiry of the period stated in the preceding paragraph, the Attorney Disciplinary Committee shall promptly submit the entire files together with the opinion and defense said in the foregoing paragraph to the Attorney Disciplinary Re-Examination Committee.
Article 99
Where the Attorney Disciplinary Re-Examination Committee determines that the request for re-examination is illegal or unreasonable, it shall resolve that such request should be dismissed.
For the original resolution which is improper based on its reasons but is justified by other reasons, the Attorney Disciplinary Re-Examination Committee should determine that the request for re-examination should be unreasonable.
If the Attorney Disciplinary Re-Examination Committee finds that the request for re-examination is reasonable, the original resolution shall be revoked and replaced by a new resolution.
Article 100
The provisions of Section 2 hereof shall apply to the re-examination procedure of the Attorney Disciplinary Re-Examination Committee on a mutatis mutandis basis, except as otherwise provided in this section.
Section 4 Disciplinary Actions
Article 101
Disciplinary Actions shall be as follows:
1. Ordering the attorney to receive additional courses regarding the Attorneys' Code of Ethics for 6 to 12 hours at their own expense within a certain period of time;
2. A warning;
3. A reprimand;
4. Suspending of legal practice for longer than two months but shorter than two years; and
5. Disbarment.
Any disciplinary actions stated in Subparagraphs 2 to 4 of the preceding paragraph shall be accompanied by that stated in Subparagraph 1.
Article 102
An attorney who is subject to referral to disciplinary actions under Article 73 hereof shall not be subject to any disciplinary action if it is longer than ten years from the date when such attorney correct his/her conduct by himself/herself to the date when the case is pending to the Attorney Disciplinary Committee; if such period is longer than five years, such attorney shall not be subject to any disciplinary action other than disbarment.
For the referral to disciplinary actions in accordance with Subparagraph 2 of Article 73 hereof, the period referred to in the preceding paragraph shall begin on the date when the final judgment is rendered.
Article 103
The main texts of the resolutions of the Attorney Disciplinary Committee and the Attorney Disciplinary Re-Examination Committee shall be announced by the Judicial Yuan.
The resolution of the Attorney Disciplinary Committee shall be concluded upon expiry of the period for requesting re-examination, where no one requests to re-examine the case or withdraw his/her request.
The resolution of the Attorney Disciplinary Re-Examination Committee shall be concluded when the main text thereof is announced.
Article 104
The Attorney Disciplinary Committee or the Attorney Disciplinary Re-Examination Committee shall submit its resolution to the Judicial Yan, the Ministry of Justice, the local bar association to which the attorney under disciplinary actions and the National Bar Association, and shall submit the entire files relating to the resolution to the Ministry of Justice within ten days after the resolution on disciplinary actions is concluded.
The Ministry of Justice shall make the resolution set forth in the preceding paragraph publicly available and place it in the inquiry system for attorneys and resolutions on disciplinary actions towards attorneys stipulated in Article 136 hereof.
The content being disclosed referred to in the preceding paragraph is not required to include the identification number of a natural person and other information sufficient to identify such individual, except for the name, gender, age, name of the firm and address of the person subject to disciplinary actions.
Article 105
Each resolution on disciplinary actions shall be effective after it is concluded, and it shall be executed in the following manners:
1. For those who are ordered to receive additional courses regarding the Attorneys' Code of Ethics at their own expense within a certain period of time, or who are subject to a warning or a reprimand, the Ministry of Justice shall immediately notify the National Bar Association to cause the local bar association to which such attorney belongs to execute the disciplinary actions after receipt of the resolution on disciplinary actions; or
2. For those who are subject to disbarment or suspension of legal practice for a certain period of time, the Ministry of Justice shall notify the Judicial Yuan, the Ministry of Economic Affairs, the National Bar Association, and the authority or the organization that referring such attorney to disciplinary proceedings of the date on which the suspension of legal practice starts and ends or the effective date of the disbarment.
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.