Implementing Regulation Of The Judges Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=A0030268

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Article 1


This Implementing Regulation is promulgated in accordance with Article 102, Paragraph 1 of the Judges Act (hereinafter the Act).


Article 2


“Judges at the courts of all levels” as referred to in the Act refer to judges of any courts and commissioners of the Public Functionary Disciplinary Sanction Commission.


Article 3


“Any provision of the Act not compatible with stipulations concerning Justices of the Judicial Yuan under the Constitution and the law” as referred to in Article 3 of the Act, means those provisions prescribed in the Act concerning the objects of the review of the Judicial Personnel Review Committee, the appointment, removal, selection, detail, evaluation, duty assessment, severance of judges and other matters not compatible with the status of Justices.


Article 4


“Matters subject to the review” under Article 4, Paragraph 1 of the Act are defined as follows:
(1) “Appointment and removal” mean the initial appointment, re-appointment and removal. However, the situations that the judicial administrative staff, detailed judges or the personnel listed in any of the sections of Article 7, Paragraph 1, who return to the original duties or the judgeship position of the same level as the original court, are not included.
(2) “Transfer” means non-judges are appointed as judges. However the situation that incumbent judge transferred a judicial administrative staff or political appointee is not included.
(3) “Relieve of duty” means the relief of duty following the discontinuation of assistant or probationary status when an assistant judge or probationary judge is subjected to the Re-evaluation and review of service performance under Article 9, Paragraph 6 of the Act, and the grading thereof is deemed not qualified.
(4) “Detail” means being detailed from a court to another as judges, presiding judge, president of a court, being dismissed from the presiding judgeship or president as well as being detailed to other agencies for special assignments. However, it does not include the re-appointment or decommission of a presiding judge or president at the expiration of the term and voluntary withdrawal from concurrently serving as the presiding judge or president, as well as a judge returning to his/her original post at the expiration of the term in accordance with Article 23, Paragraph 1 [of this Regulation] and Article 45, Paragraph 1, Section 5 of the Act.
(5) “Evaluation” means the review for the service performance of assistant and probationary judges in accordance with Article 9, Paragraph 6 of the Act.
(6) “Award” means commendation, including the selection of outstanding judges and the bestowment of judicial medals; “discipline” means the measures taken by the President of the Judicial Yuan in accordance with Article 21, Paragraph 1 of the Act.
In order to meet the actual needs of personnel business concerning the annual overall details, and to coordinate with the effective date of the Act, the one-year serving term for the members [of the Judicial Personnel Review Committee] under Article 4, Paragraph 2 of the Act refers to the commencement on June 1 of each year and expiration on May 31 of the next year, provided, however, that the term for the first batch of members of the Judicial Personnel Review Committee after the implementation of the Act shall commence from the date of inauguration to May 31 of the next year.
The term of the members prior to the implementation of the Act shall expire on July 5, 2012; such term shall not be counted into the term of members after the implementation of the Act.
“Non-attorney” as referred to in Article 4, Paragraph 2, Section 3 or Article 34, Paragraph 1, Section 4 of the Act means those who are not members of any bar associations.


Article 5


“Having passed the judges or prosecutors qualification examination” as referred to in Article 5, Paragraph 1, Section 1 and Article 87, Paragraph 1, Section 1 of the Act, means the passing of the “Senior Civil Service Examination for Judges and Prosecutors” or the “Special Examination for Judges or Prosecutors”.
“Having possessed the qualifications for the designated position” as referred to in Article 5, Paragraph 1, Sections 1, 5, and 6, Paragraph 2, Sections 4 to 6, Paragraph 3, Sections 1, 5, and 6, and Article 87, Paragraph 1, Sections 5 and 6, Paragraph 2, Section 2 and Paragraph 5 of the Act, means meeting one of the following qualifications:
(1) Having passed the Senior Civil Service Examination or the Special Civil Service Examination of the comparable level.
(2) Having passed the Professional and Technical Senior Examination for Attorneys (Bar Examination), and may be eligible to be transferred to a Selected Appointment position by applying, mutatis mutandis, the provisions of the Transfer of Professional and Technical Personnel to Civil Services Act.
(3) Having possessed the registered qualifications of Civil Service at the Selected Appointment Rank or above.
“Having actually practiced as an attorney-at-law” as referred to in Article 5, Paragraph 1, Sections 1 and 5, Paragraph 2, Section 4, Paragraph 3, Section 5, as well as Article 87, Paragraph 1, Section 5, and Paragraph 2, Section 2 of the Act, means the practice of matters regulated under the Attorney Regulation Act after obtaining the qualification to execute the duties as such or the practice of advocacy matters while acting as a public defender after obtaining the attorney qualification.
“The publication(s)” as referred to in Article 5, Paragraph 1, Section 6, Paragraph 2, Sections 5 to 7, and Paragraph 3, Section 6, as well as Article 87, Paragraph 1, Section 6, and Paragraph 3, Section 3 of the Act, shall meet the following regulations:
(1) With originality, and not in the form of collation, modification, compilation or editing of other’s work(s) or other non-academic publications.
(2) Specialized book(s) being published within five years prior to the transfer application for judgeship or prosecutorial position, work(s) being published on domestic or foreign academic or professional journals (including electronic journals having formal review process and are available for public access), or work(s)with proof from the above journal(s) that the work(s) will be regularly published, or publicly released at domestic or international seminars with formal review process and published publicly in the form of collections (including compact diskette).
(3) For publication(s) written in a foreign language, the Chinese abstract shall be attached thereto; in the event that no qualified reviewer familiar with the that foreign language within the area, the Judicial Yuan or Ministry of Justice may require that the entire publication be translated into Chinese or English.


Article 6


The related provisions on selection or training do not apply to those who have been appointed as judges or prosecutors prior to the implementation of the Act and have met the training requirements after the implementation of the Act.


Article 7


The judge’s selection process does not apply to judges who are returning to judgeship position after the following positions:
(1) The specific positions stipulated under Article 72, Paragraphs 1 and 3 of the Act.
(2) Other positions where the seniority and remunerations are expressly stipulated by the law to be calculated in accordance with those of a comparable judge or prosecutor.
The same shall apply to those who serve consecutively in the above-stipulated positions without interruption of seniority.


Article 8


An assistant or a probationary judge who resumes to serve after a leave of absence with cause during the assistant or probationary period, or a former or incumbent assistant or probationary prosecutor who is selected as a judge, shall continue the assistant or probationary capacity based on the already accumulated seniority in accordance with the front portion of Article 9, Paragraph 1 of the Act.
“Having practiced as attorneys” as referred to in Article 9, Paragraph 2 of the Act, and “the seniority of practices as an attorney”, as referred to in Article 71, Paragraph 5 of the Act, mean the period of actual practices of attorney businesses or other periods that according to the law should be counted into the seniority of the practices as an attorney.
“The consultation with the opinions of the Judicial Selection Committee” as referred to in Article 9, Paragraph 8 of the Act, shall be limited to the selected judges; the methods of consultation may be in the form of requesting written information from the Judicial Selection Committee, inviting representative(s) of the Judicial Selection Committee to provide explanations, or other implementing methods; “the notice shall be given to the reviewed assistant or probationary judge to express opinions before the decision of disqualification is rendered” means the Judicial Yuan shall notify the parties in writing to express their opinions in writing or orally and to be incorporated in the meeting minutes of the Judicial Personnel Review Committee.


Article 9


“The Judicial Yuan may adjust the assignments dependent on the actual situations” as provided in the proviso to Article 9, Paragraph 3 of the Act, includes, the adjustment of period, and items of assignment rotation and the expansion on the scope and period of independent presiding matters.


Article 10


The Judicial Yuan, in the disposition of relief of duty under Article 9, Paragraph 6 of the Act, revocation of appointment under Article 12, Paragraph 2 of the Act and removal from office under Article 42 of the Act, shall conduct in accordance with the following provisions:
(1) For the relief of duty under Article 9, Paragraph 6 of the Act, the decree for the relief of duty shall be effective and to be implemented once approved and served upon the parties.
(2) For the revocation of appointment under Article 12, Paragraph 2 of the Act, it is effective retroactively and ab initio and to be implemented as of the date of approval.
(3) For the removal from office under Article 42 of the Act, it is effective on the ex facto date, and to be implemented as of the date of approval.


Article 11


“The detail to other agencies for special assignments” as referred to in Article 10, Paragraph 1 of the Act, means the dispatching of duties on trial or administrative matters.


Article 12


For those who have already served concurrently as presidents of the court prior to the implementation of the Act, their terms shall be counted from the date of assignment, provided, however, that the term which shall be recounted in accordance with the regulation prior to the implementation of the Act, shall be counted from the assumption of the new position.
For those who have already served as division-chief judges prior to the implementation of the Act, their term shall be counted in accordance with the following provisions:
(1) For those who have served more than eight years as division-chief judges in courts of the second instance, to be dismissed the concurrent service as a division-chief judge on the day on which his/her current term of office expires; if more than four years but less than eight years, shall be submitted to the Judicial Personnel Review Committee to consider an extension at the expiration of eight years, and shall extend the term for no more than three years if approved; if less than four years, may be re-appointed once for no more than three years.
(2) For those who have served more than six years as division-chief judges in courts of first instance, to be dismissed the concurrent service as a division-chief judge on the day on which his/her current term of office expires; if more than three years but less than six years, shall be submitted to the Judicial Personnel Review Committee to consider an extension at the expiration of six years, and shall extend the term for no more than three years if approved; if less than three years, may be re-appointed once for no more than three years.


Article 13


“The submission to the President for appointment” as referred to in Article 12, Paragraph 1 of the Act, means the submission to the President for the initial appointment of judges, the commissioning of probationary judges to tenured judges, the appointment of returning or re-commissioned judges, concurrent appointment as division-chief judges, concurrent appointment or transfer as presidents, among other positions.
Personnel in the preceding paragraph whose appointments are reviewed as qualified by the Ministry of Civil Service shall be submitted by such Ministry to the President for appointment.


Article 14


“When a judge is inaugurated” as referred to in Article 14 of the Act, means the initial judgeship, probationary judges being reassigned as tenured judges, returning or re-commissioned judges, concurrent presiding judges, concurrent or re-assigned presidents, among other positions.
A judge who carries on duties without taking his/her oath at inauguration due to special circumstances shall make up for the oath-taking within three months.


Article 15


The terms in Article 15, Paragraph 1 are defined as follows:
(1) “Political party” means organizations forged around common political ideas to assist the formation of political will, to recruit candidates to participate in the election for public offices, and having submitted to the central governing authority for recordkeeping and references.
(2) “Political organization” means organizations forged around common political ideas to assist the formation of political will and for the purpose of promoting political participation.
(3) “Activities of political party or political organization” mean activities sponsored by a political party or political organization or co-sponsored with other organization(s), including, among other things, the formation or steering of caucuses within a government agency and the engagement of various party-related activities.


Article 16


Any judge who has joined a political party or political organization shall withdraw therefrom within three months since the implementation of the Act.
Any judge who has joined a political party or political organization may submit a written statement of withdrawal to the Judicial Yuan to be delivered in confidentiality to the respective political party or political organization.


Article 17


“The issuance of an order urging the judge to take notice” as referred to in Article 21, Paragraph 1, Section 1 of the Act, means an oral or written instruction, correction, directive to take notice or other appropriate methods from the duty supervisor to a supervised judge.
“The warning” as referred to in Article 21, Paragraph 1, Section 2 of the Act, means an oral or written admonishment, reprimand or other appropriate methods from the duty supervisor to a supervised judge.
The order to take notice or warning in the preceding two paragraphs, if delivered orally, shall be recorded for references.


Article 18


“The recommendations for the judges’ evaluations” as referred to in Article 24, Paragraph 1, Section 2, means recommendations concerning the substantive criteria of the judges’ evaluations.


Article 19


The regulations on a judge’s submission to individual evaluation, as referred to in Article 30, Paragraph 2 of the Act, shall apply to the acts of transferred judicial administrative staff, judges retired or resigned with other reason(s) prior to their transfer, retirement or resignation.


Article 20


“The competent governmental authority” as referred to in Article 35, Paragraph 1, Section 4 of the Act, shall be determined by the laws and regulations or the articles of incorporation based upon which the foundation or the incorporated charitable association is established.


Article 21


When the Judicial Evaluation Committee, under Article 38 of the Act, forwards to the duty supervisor for proper disposition in accordance with Article 21 of the Act, the duty supervisor shall report to the Judicial Evaluation Committee in writing the status of subsequent handling.


Article 22


The type of disposition, as referred to in Article 39, Paragraph 1, Section 2 of the Act, means the dispositions of the President of the Judicial Yuan in accordance with Article 21, Paragraph 1 of the Act.


Article 23


In the event that no appropriate personnel volunteers to serve in a certain judgeship position, the Judicial Yuan may, without the consent of the party, detail an assistant judge or a probationary judge at the same level of the court to assume the [vacant] position of that court or handle the adjudication for no more than two years and transfer back to the original court upon the expiration of the term. If that original court has no vacancy, the Judicial Yuan shall transfer the judge to a nearby court on the basis of his/her will.
The subsidiary allowances during the period of detail shall be handled in accordance with Article 45, Paragraph 1, Section 5 and Paragraph 2 of the Act.


Article 24


The Chief Commissioner of the Public Functionary Disciplinary Sanction Commission shall, in accordance with Article 48, Paragraph 1 of the Act, be the presiding judge of the Court of the Judiciary; in the event of absence, it will be filled by the senior judge on the panel of the Court of the Judiciary, and the more elder one shall fill the position in case of same seniority.
Unless provided otherwise, the judicial calendar and business assignment, the opening, closing and order of the court, the language to be used in court and the deliberation of judges of the Court of the Judiciary shall apply, mutatis mutandis, the provisions of the Court Organization Act.


Article 25


For the pending disciplinary case concerning judges or prosecutors in the Public Functionary Disciplinary Sanction Commission prior to the implementation of the Act, the Public Functionary Disciplinary Sanction Commission shall continue its proceedings in accordance with the Public Functionaries Discipline Act after the implementation of the Act.
For cases in the preceding paragraph and resolutions made by the Public Functionary Disciplinary Sanction Commission concerning judges or prosecutors prior to the implementation of the Act, the retrial proceeding shall be conducted by the Public Functionary Disciplinary Sanction Commission in accordance with the Public Functionaries Discipline Act.


Article 26


For duty-related cases under Article 47, Paragraph 1, Sections 2 and 3 of the Act, their appeal, re-appeal or re-examination that are lawfully brought forth prior to the implementation of the Act, shall be conducted in accordance with the followings after the implementation of the Act:
(1) For a pending appeal: To be treated as an objection that has been filed in accordance with Article 53 of the Act, and the agency that receives the appeal shall change the proceedings to that of objection and proceed accordingly.
(2) For a pending re-appeal or deliberation: To be treated as an objection has been filed in accordance with Article 53 of the Act, and the Civil Service Protection and Training Commission shall transfer the case to the Judicial Yuan or the affiliated agency of the duty supervisor and change the proceedings to that of objection and proceed accordingly.
(3) For completed proceedings: The judge unsatisfied with the response to the appeal or the decision on re-examination may directly file a complaint to the Court of the Judiciary.
The filing of a compliant in the preceding paragraph, Section 3 shall be made within 30 days since the next day the response to the appeal is serviced, or within two months since the next day the decision on re-examination is serviced.


Article 27


For duty-related cases under Article 47, Paragraph 1, Sections 2 and 3 that have been pending in the Administrative Court prior to the implementation of the Act, the Administrative Court shall continue its proceedings in accordance with the Administrative Litigation Act. So shall be appeals and appeals against rulings.
For cases in the preceding paragraph and the final judgments on duty-related cases under Article 47, Paragraph 1, Sections 2 and 3 rendered by the Administrative Court, the Administrative Court shall proceed with their retrial in accordance with the Administrative Litigation Act.


Article 28


“The duty premium” as referred to in Article 71, Paragraph 1 of the Act, means the executive premium pay.


Article 29


For judges or prosecutors who are reviewed as qualified after the implementation of the Act, their transfer and detail shall continue to follow the original pay level, provided, however, that it shall be capped at the highest grade level of the basic salary for the designated position, and that the disbursement shall continue even if the grade level exceeds the ceiling, but shall be restored at probationary or tenured placement in the future.
For judges or prosecutors who are reviewed as qualified after the implementation of the Act, and are re-appointed as judges or prosecutors after resignation, [the grades of their remuneration] shall apply, mutatis mutandis, the preceding paragraph, provided, however, that if the original grade level for pay is higher than the highest level of the basic salary, the pay shall be the highest level of the newly assumed position, while the higher original grade level shall be preserved and restored at probationary or tenured placement in the future.


Article 30


The Secretary General of the Judicial Yuan transferred from judgeship or the prosecutorial office, as referred to in Article 72, Paragraph 3, Article 78, Paragraph 5, and Article 80, Paragraph 3 of the Act, includes the Secretary General transferred from incumbent judgeship or prosecutor position, a tenured judge or prosecutor, having transferred to serve as a judicial administrative staff, further being transferred to serve as the Secretary General, and judges or prosecutors being appointed as such after an initial resignation.


Article 31


“The total remunerations” as referred to in Article 77, Paragraph 3 of the Act means the total monthly remunerations under Article 71, Paragraph 1 of the Act.


Article 32


“The seniority of a tenured judge” as referred to in Article 78 of the Act, means the following situations:
(1) The seniority of judges or prosecutors under Articles 2 and 86 of the Act.
(2) The seniority of the Secretary General of the Judicial Yuan transferred from a judge or prosecutor position under Article 72, Paragraph 3 of the Act.
(3) The seniority of judicial administrative staff transferred from tenured judgeship under Article 76 of the Act and the seniority of administrative positions at the Ministry of Justice or the Training Institute for Judges and Prosecutors, Ministry of Justice under Article 89, Paragraph 1, which applies, mutatis mutandis, Article 76 of the Act.
(4) The seniority of the Minister of Justice or Deputy Minister of Justice transferred from a judge or prosecutor position under Article 89, Paragraph 10 of the Act.
(5) The seniority of the position where the seniority and remuneration are expressly stipulated by the law to be calculated in accordance with those of a comparable judge or prosecutor.


Article 33


“With excellent grades” as referred to in Article 87, Paragraph 1, Section 5 and Paragraph 2, Section 2, means the followings:
(1) Those serving in the private sector shall provide certificate proving excellent performance in service issued by the agencies he/she has served.
(2) Those practicing on his/her own shall provide certificate issued by the competent authority to prove not having received any disciplinary sanction within the most recent two years.


Article 34


“Having served as an assistant, probationary or tenured judge or prosecutor” as referred to in Article 88, Paragraph 4 of the Act, includes the incumbent assistant, probationary or tenured judge.
For assistant, probationary or tenured judges or prosecutors who resigned during the assistant or probationary period and subsequently selected as assistant or probationary prosecutors, they shall continue the assistant or probationary based on the already accumulated seniority in accordance with Article 88, Paragraph 1 of the Act.
For the relief of duty under Article 88, Paragraph 5 of the Act, the decree for the relief of duty shall be effective and to be implemented once approved and completed the service of process to the party.
For the revocation of appointment under Article 89, Paragraph 1 of the Act, which applies, mutatis mutandis, Article 12, Paragraph 2 of the Act, it is effective retroactively and ab initio and to be implemented as of the date of approval.
For the removal from office under Article 89, Paragraph 1 of the Act, which applies, mutatis mutandis, Article 42 of the Act, it is effective on the ex facto date, and to be implemented as of the date of approval.
“The consultation with the opinions of the Prosecutor Selection Committee” as referred to in Article 88, Paragraph 7 of the Act, shall be limited to the appointed prosecutors who have not passed the examination under Article 87, Paragraph 1 of the Act; the methods of consultation may be in the form of requesting written information from the Selection Committee, inviting representative(s) of the Selection Committee to provide explanations, or other implementing methods; “the notice shall be given to the reviewed assistant or probationary prosecutors to express opinions before the decision of disqualification is rendered” means the Ministry of Justice shall notify the parties in writing to express their opinions in writing or orally and to be incorporated in the meeting minutes of the Prosecutorial Personnel Review Committee.


Article 35


The prosecutor’s selection process does not apply to judges or prosecutors who are returning to prosecutor position after the following positions:
(1) The political appointees or the specific positions stipulated under Article 89, Paragraphs 10 of the Act.
(2) Other positions where the seniority and remunerations are expressly stipulated by the law to be calculated in accordance with those of a comparable judge or prosecutor.
The same shall apply to those who serve consecutively in the above-stipulated positions without interruption of seniority.


Article 36


“Article 12 of the Act concerning the submission to the President for appointment shall apply, mutatis mutandis, to prosecutors” as referred to in Article 89, Paragraph 1 of the Act, means the submission to the President for the initial appointment of prosecutors, the appointment of returning or re-commissioned prosecutors, the commissioning of probationary prosecutors to tenured prosecutors, the promotion or transfer to head prosecutors and chief prosecutors.
Personnel in the preceding paragraph whose appointments are reviewed as qualified by the Ministry of Civil Service shall be submitted by such Ministry to the President for appointment.


Article 37


“Chapter 5 of the Act concerning judges shall apply, mutatis mutandis, to prosecutors “ as referred to in Article 89, Paragraph 1 of the Act, does not include Article 30, Paragraphs 2 and 3, and Article 33, Paragraph 1 of the Act.
Article 89, Paragraph 4 of the Act shall apply to the acts of prosecutors who are transferred to the Ministry of Justice, the Training Institute for Judges and Prosecutors, Ministry of Justice and other administrative positions to be taken by tenured judges or prosecutors in accordance with laws, or of prosecutors retired or resigned with other reason(s) prior to their transfer, retirement or resignation.
In the event a prosecutor has one of the situations under the respective section of Article 89, Paragraph 4 of the Act, Article 35, Paragraphs 1 to 3, Paragraph 5, and Paragraph 6 shall apply mutatis mutandis, in accordance with Article 89, Paragraph 1 of the Act. In the event the prosecutor believe it is necessary to clarify the situations under the respective section of Article 89, Paragraph 4 of the Act, Article 35, Paragraph 4 shall apply mutatis mutandis in accordance with Article 89, Paragraph 1 of the Act.
The Ministry of Justice shall consult with the opinions among the national prosecutors’ representatives in the promulgation of the Code of Conduct for Prosecutors.
In the event an individual evaluation on a prosecutor is requested in accordance with Article 89, Paragraph 4 , Section 1 of the Act, “the date of the final judgment or the date after the sixth anniversary” as referred to in Article 89, Paragraph 1 applying mutatis mutandis Article 36, Paragraph 2 of the Act, means the time start to run since the final disposition of judgment, non-indictment or suspended indictment or the sixth anniversary of the appended date at the court of first instance.
The Prosecutor Evaluation Committee shall act in accordance with Article 89, Paragraph 1 of the Act applying mutatis mutandis Article 38 of the Act, if it should determine that the prosecutor is not subjected to any of the matters listed under the respective section of Article 89, Paragraph 4. If necessary, the Committee may transfer to and request the administrative supervisor, stipulated under Article 94, Paragraph 1, to take appropriate dispositions in accordance with Article 95 of the Act.
The Prosecutor Evaluation Committee shall act in accordance with Article 89 Paragraph 1 of the Act applying mutatis mutandis Article 39 of the Act if it should determine that the prosecutor does commit any of the matters listed under the respective section of Article 89, Paragraph 4.
The Prosecutor Evaluation Committee shall submit the cases that it recommends for disposition in accordance with Article 89, Paragraph 1 of the Act applying mutatis mutandis Article 39, Paragraph 1 section 2 of the Act, to the Ministry of Justice for disposal; the Ministry of Justice shall, before its review and disposal, turn over cases concerning the head prosecutors or prosecutors of the high court prosecutors’ office and branch offices thereof to the Prosecutor Personnel Review Committee for review; for cases concerning the Prosecutor-General, head prosecutors, prosecutors of the supreme court prosecutors’ office and the chief prosecutor of the high court prosecutors’ office or offices below and branch offices thereof, the Ministry of Justice may consult with the opinions of the Prosecutor Personnel Review Committee.


Article 38


The Ministry of Justice shall promulgate measures concerning the transfer and detail of prosecutors under Article 89, Paragraph 1 of the Act applying mutatis mutandis Article 45, Paragraph 2 of the Act; with regard to the premium subsidy for the detail period, it shall apply mutatis mutandis the regulations on Premium Subsidy Measures for Detailed Judges promulgated by the Judicial Yuan in concurrence with the Executive Yuan.
In the event that no appropriate personnel volunteers to serve in a certain prosecutor position, the Ministry of Justice may, without the consent of the party, detail an assistant prosecutor or a probationary prosecutor at the same level of the prosecutors’ office to assume the [vacant] position of that office for no more than two years and transfer back to the original prosecutors’ office upon the expiration of the term. If the original office has no vacancy, the Ministry of Justice shall transfer the prosecutor to a nearby prosecutors’ office on the basis of his/her will; the preceding paragraph shall apply to the measures and premium subsidy of such transfer and detail.


Article 39


“The forwarding and review procedures shall apply, mutatis mutandis, the disciplinary procedures for judges” as referred to in Article 89, Paragraph 8 of the Act, means the application of, mutatis mutandis, Article 47, Paragraph 1, Sections 1 and Paragraph 2, Articles 51, 52, 55, Article 56, Paragraph 2, Articles 57 to 59, Article 60, Paragraph 1, as well as Articles 61 to 69.
In the event a head prosecutor or prosecutor of the high court prosecutors’ office or offices below and branch offices thereof is subject to disciplines, the administrative supervisor(s), stipulated under Article 94 of the Act, may, in the name of his/her affiliated agency, submit to the Ministry of Justice and request that the case be reviewed by the Prosecutorial Personnel Review Committee.
In the event the Prosecutor-General, head prosecutor, or a prosecutor of the supreme court prosecutors’ office and the chief prosecutor of the high court prosecutors’ office or offices below and branch offices thereof is subject to disciplines, the administrative supervisor(s), stipulated under Article 94 of the Act, may, in the name of his/her affiliated agency, submit to the Ministry of Justice for review and disposition, and the Minister of Justice may consult with the opinions of e Prosecutorial Personnel Review Committee before the rendering the disposition.
In the event the Ministry of Justice deems the prosecutors in the two preceding paragraphs committed acts subject to the disciplinary actions, it may, directly transfer the case to the Control Yuan for review in accordance with Article 89, Paragraph 8 of the Act applying mutatis mutandis Article 51, Paragraph 2. The prosecutor subject to the disciplinary action shall be afforded the opportunity to provide opinions prior to such submission in accordance with Article 89, Paragraph 8 of the Act applying mutatis mutandis Article 51, Paragraph 3.
In the event a prosecutor has committed act(s) subject to disciplinary action under Article 89, Paragraph 4, Section 1, “the date individual evaluation may be submitted “as referred to in Article 89, Paragraph 8 of the Act applying mutatis mutandis proviso to Article 52, Paragraph 1, means the date of the final disposition of judgment, non-indictment or suspended indictment or the sixth anniversary of the appended date at the court of first instance.
A prosecutor not satisfied with the disposition of the Ministry of Justice, such as revocation of qualifications, dismissal, suspension, relief of duties, transfer to non-prosecutorial position, or detail, among other things, shall seek remedy in accordance with the Civil Service Protection Act.


Article 40


“The regulations of Article 74, Paragraph 3, Article 76, Paragraphs 1, 4 and 5 of the Act concerning the Judicial Yuan, the Judicial Personnel Study Institute, and the courts shall apply, mutatis mutandis, to the Ministry of Justice, the Training Institute for Judges and Prosecutors of the Ministry of Justice, and the prosecutorial agencies” as referred to in Article 89, Paragraph 1of the Act, means Article 74, Paragraph 3, and Article 76, Paragraphs 1, 4 and 5 of the Act shall apply, mutatis mutandis, to tenured judges or prosecutors transferred to the Ministry of Justice, the Training Institute for Judges and Prosecutors, Ministry of Justice and other administrative positions to be taken by tenured judges or prosecutors in accordance with laws.
Article 89, Paragraph 1, applying mutatis mutandis Article 76, Paragraph 5 shall apply to the conversion of appointments for the transfer or return of personnel in preceding paragraph and Article 35, Paragraph 1, Section 1 of the Act.
The transferred personnel in the Paragraph 1 shall serve a term of three years, and may be extended once; the term shall recommence after serving prosecutor position for more than two years.


Article 41


“The seniority of prosecutors” as referred to in Article 89, Paragraph 1 of the Act applying mutatis mutandis Article 78 of the Act, means the seniority under the respective section of Article 32.


Article 42


“A Deputy Minister having the status of a judge or a prosecutor” as referred to in Article 90, Paragraph 5 of the Act, includes the Deputy Minister appointed after resigning from serving as a judge or a prosecutor.
In order to coordinate with the effective date of the Act, “the term of the elected members shall all be one year” under Article 91, Paragraph 6 of the Act, refers to the commencement on June 1 of each year and expiration on May 31 of the next year, provided, however, that the term for the first batch of members of Prosecutorial Personnel Review Committee shall commence from the date of inauguration to May 31 of the next year.
The term of the members prior to the implementation of the Act shall expire on July 5, 2012; such term shall not be counted into the term of members after the implementation of the Act.


Article 43


“The suggestions on the evaluation of prosecutors” as referred to in Article 91, Paragraph 2, Section 2 of the Act, means suggestions concerning the substantive criteria of the prosecutors’ evaluations.


Article 44


The administrative supervisory dispositions under Article 95 of the Act rendered by the administrative supervisor stipulated in Article 94, Paragraph 1 of the Act, shall be submitted to the Ministry of Justice for approval and disposal in writing in accordance with Article 37, Paragraph 8.
The prosecutor unsatisfied with administrative supervisory dispositions under Article 95 of the Act rendered by the administrative supervisor stipulated in Article 94, Paragraph 1 of the Act, shall seek remedy in accordance with the appeal or re-appeal proceedings of the Civil Service Protection Act.


Article 45


Articles 15, 16, 20, 28, and 31 apply, mutatis mutandis, to prosecutors in accordance with Article 89, Paragraph 1 of the Act.
Article 30 applies, mutatis mutandis, to Minister of Justice and Deputy Minister of Justice who are, as referred to in Article 89 Paragraphs 10 and 11 of the Act, transferred from a judge or a prosecutor.


Article 46


Those who have applied for the exemption of all the subjects in accordance with Article 7, Section 1 of the Professional and Technical Senior Examination for Attorneys (Bar Examination) Testing Regulation shall continue the process based on that Regulation after the implementation of the Act.


Article 47


“The governing agency” as referred to in Article 102, Paragraph 2 of the Act, means the Ministry of Justice.


Article 48


Articles 19 to 22, 37, and 47 shall be effective from the date of promulgation; Articles 30, 32 and 41 concerning Article 78 of the Act shall be implemented as of January 6, 2015; all other provisions shall be implemented as of July 6, 2012.