Control Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=A0030199

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Chapter I: General Provisions

Article 1

The Control Yuan shall exercise the powers of impeachment, censure, and audit and propose corrective measures in accordance with the Constitution and Additional Articles of the Constitution. With the exception of the power of audit, which is otherwise prescribed, all the powers shall be exercised in accordance with this Act.

Article 2

The Control Yuan shall exercise the powers of impeachment and censure through its members and propose corrective measures through its committees.

Article 3

Members of the Control Yuan may conduct circuit supervision in different areas.

Article 4

The Control Yuan and its members may receive the people’s written complaints; the Control Yuan shall prescribe procedures in this respect.

Chapter II: The Power of Impeachment

Article 5

In case the Control Yuan impeaches the President or the Vice President, it shall do it in accordance with Article 30 of the Constitution and paragraph five of Article 15 of the Additional Articles of the Constitution.

Article 6

In case members of the Control Yuan impeach any public functionary who is believed guilty of violation of law or dereliction of duty, the case shall be proposed to the Yuan by at least two members.

Article 7

A case of impeachment shall be proposed in writing and in detail; the members who have made the proposal may make supplementary statements before the case is examined.

Article 8

If a case of impeachment is established after being examined by nine or more members, excluding the initiators of the case, the Control Yuan shall turn over the case to a competent disciplinary organ for action. If a new fact or evidence is found, it shall, after examination, be turned over to the disciplinary organ.

Article 9

Examination of impeachment cases shall be assumed by all the members of the Control Yuan in rotation.

Article 10

If an impeachment case is decided during examination as not justifiable and the initiators of the case demur the decision, it shall be re-examined by nine or more other members of the Control Yuan for final decision.

Article 11

Members of the Control Yuan who are involved in an impeachment case shall removed themselves from its examination.

Article 12

The President of the Control Yuan shall in no case attempt to influence or interfere with the impeachment proceedings.

Article 13

Members of the Control Yuan and its staff shall not disclose a case of impeachment to the public before it is turned over to the competent dis-ciplinary organ.
The Control Yuan may promulgate an impeachment case when it is turned to the disciplinary organ.

Article 14

At the time when an impeachment case is turned over to the disciplinary organ, if the Control Yuan considers the violation of law or dereliction of duty involved in the case is serious enough to require immediate remedy, the Yuan shall inform the offender‘s superior and official in charge to take immediate remedial action.
If the superior official in charge, after being informed, fails to take any action against the offender, he or she shall be considered guilty of dereliction of duty if the offender is reprimanded.

Article 15

If the Control Yuan considers an impeached public functionary has violated the criminal law or military law, the Control Yuan shall, in addition to forwarding the case to the disciplinary organ, turn over the case to the competent court or court martial for action according to law.

Article 16

When an impeachment case is turned over to the disciplinary organ and the law court or court martial, the competent organs shall take action immediately and inform, through the Control Yuan, as soon as possible the initiating members of the case of the actions taken.
Any defense statement made by the impeached public functionary shall be forwarded through the Control Yuan to the members who have initiated the case without delay. The initiating members shall forward their opinion, if any, to the disciplinary organ within ten days of receipt of the statement.

Article 17

The Control Yuan may inquire about any impeachment case that is not settled within three months after it has been turned over to the disciplinary organ. If an investigation finds the case has been deliberately delayed, the Control Yuan may take action against the personnel of the disciplinary organ responsible for the delay in compliance with Articles 6 and 19.

Article 18

A person who has been punished as a result of impeachment shall not be employed by any government organization during the period of suspension of duty. Any promotion he or she is entitled by law during the proceeding of the case of punishment shall be canceled after a decision on the punishment is made.
If a superior or official in charge does not handle a censure case in accordance with the previous article, or if the action taken is considered inappropriate by two or more members of the Control Yuan, the censured public functionary may be impeached. If the superior or the official in charge of the censured public functionary does not, after receiving the censure notice, punish him or her in accordance with the provision of the previous article or decides not to punish him or her, the superior official or the official in charge shall be held responsible for dereliction of duty, if the censured person is punished with impeachment. The promotion shall be valid, if the punishment is a reprimand.

Chapter III: The Power of Censure

Article 19

If a member of the Control Yuan considers a public functionary guilty of violation of law or dereliction of duty, which requires suspension of duty or urgently remedy, he or she may submit a written censure which shall be examined and decided by three or more other members of the Control Yuan. The censure shall be forwarded by the Control Yuan to the superior or the official in charge of the public functionary. If a case involves violation of the criminal or military law, it shall be turned over to the competent law court or court martial for action.
When a Control Yuan member files a written censure case against a public functionary below the recommended rank in his or her area of control, he or she may invite the attention of the superior or the official in charge of the functionary in question.

Article 20

If a censure case is considered unwarranted but the initiator thinks otherwise, it shall be reexamined by another three or more members of the Control Yuan for final decision.

Article 21

After the written censure against a public functionary reaches the hand of his or her superior or official in charge, except the part of the case that involves the violation of criminal law or military law, which shall be handled separately by a law court or court martial, the superior or the official in charge shall handle the case within one month in accordance with the Law of Discipline Against Public Functionaries. He or she may suspend the duty of the censured public functionary. If the superior or the official in charge considers that no action should be taken, he or she shall submit his or her justifications to the Control Yuan.

Article 22

If a superior or official in charge does not handle a censure case in accordance with the previous article, or if the action taken is considered inappropriate by two or more members of the Control Yuan, the censured public functionary may be impeached.
If the superior or the official in charge of the censured public functionary does not, after receiving the censure notice, punish him or her in accordance with the provision of the previous article or decides not to punish him or her, the superior official or the official in charge shall be held responsible for dereliction of duty, if the censured person is punished with impeachment.

Article 23

The provisions of Articles 8, 11, 12, 13, and 16 shall be applicable mutatis mutandis to a case of censure.

Chapter IV: Corrective Measures

Article 24

The Control Yuan, after investigating the work and facilities of the Executive Yuan and its subordinate organs, may propose corrective measures to the Executive Yuan or its subordinate organs for improvement after these measures are examined and approved by the relevant committees.

Article 25

The Executive Yuan or any of its subordinate ministries or commissions, upon receiving the corrective measures, shall immediately make improvements or take appropriate actions and shall reply to the Control Yuan in writing on the improvements or actions. If the Control Yuan receives no reply within two months, it may inquire the organ in question.

Chapter V: Investigation

Article 26

To carry out the power of control, a Control Yuan member with a control certificate or the personnel assigned by the Control Yuan with the investigation certificates, may go to public or private organizations to investigate the files, records and relevant documents. The heads of these organizations and other related personnel shall not refuse, and shall be responsible for making de-tailed replies if they are interrogated and shall sign the papers of interrogation records. In investigating a case, the investigators may notify the signatory of the written complaint and the investigated to appear at a designated place for interrogation.
The investigator shall not disclose the content of the case to the public.
Rules governing the use of the control certificate and the investigation certificate shall be stipulated by the Control Yuan.

Article 27

The investigator may temporarily impound the related documents of evidence or take away the whole or a part of them if necessary. In doing so, they should first obtain the permission of the chief of the organization. Unless such action will impair the national interests, the chief of the organization shall not refuse.
The chief of the organization shall affix his or her seal on the documents of evidence to be taken away by the investigator and get a receipt in return.

Article 28

The investigator may request the local government, local court or other agencies concerned to provide assistance. The investigator may also inform the police authorities to help take necessary measures when he or she encounters resistance or finds it necessary to protect evidence.

Article 29

If a case is considered crucial or if it is feared that the investigated may escape, the investigator may inform the local police authorities to take precautions.

Article 30

The Control Yuan may entrust an-other agency to investigate a designated case or mat-ter. After accepting the case, the agency shall pro-ceed with the investigation immediately and reply to the Control Yuan in writing.

Chapter VI: Supplementary Provisions

Article 31

The rules for implementing this law shall be stipulated by the Control Yuan.

Article 32

Articles 1, 2, 5, and 6 and paragraph one of Article 22 shall be effective as of February 1, 1993.