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Chapter 8 Disciplinary Actions towards Attorneys
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.