Court Organization Act Article 51-7

This English translation was last updated on 2024-11-29, but the Chinese text was amended on 2026-05-13. Later amendments may not be reflected in the translation — please refer to the Chinese text.

The term of office for the presiding judge of the Grand Chamber, assigned by the president, as mentioned in paragraph 1 of the preceding Article, and the elected judges of the Grand Chamber, as mentioned in paragraph 2 of the preceding Article, is two years. The candidates for elected judges and substitutes are selected by a secret ballot in a judge meeting, from the entire board of judges of civil court divisions or criminal court divisions, prioritized by the number of votes from high to low, and in compliance with the method as mentioned in the provisions of paragraph 3 of the preceding Article. If the president, or the presiding judge as assigned by the president, is absent or is not available to serve as the presiding judge for any reason, the vacancy shall be filled by a substitute judge, as mentioned in the preceding paragraph, and the most senior member of the division chief judges of the Grand Chamber shall serve as the presiding judge; if no division chief judge is available, the most senior court judge, prioritized by experience, shall fill the vacancy; if more than one judge has the same seniority by experience, the judge with the most seniority, prioritized by age, shall serve the position. If an elected judge of the Grand Chamber is absent or not available to serve as the judge for the Civil Grand Chamber or the Criminal Grand Chamber, the vacancy shall be filled by a substitute judge, as mentioned in the preceding paragraph.If the assigned judge of the court submitting the case, as mentioned in paragraph 2 of the preceding Article, is absent or is not available to serve as a judge of the Civil Grand Chamber or the Criminal Grand Chamber, the court submitting the case shall assign another judge to serve the position.When there is a change of judges due to a reelection in the Civil Grand Chamber or the Criminal Grand Chamber, legal disputes under review by the Civil Grand Chamber or the Criminal Grand Chamber, shall remain with the same Civil Grand Chamber or Criminal Grand Chamber, until the review has reached its conclusion. If a judge of the said Civil Grand Chamber or Criminal Grand Chamber, is absent or is not available to serve as the judge, the position shall be filled by a substitute judge, who was selected at the time the legal dispute was submitted to the Civil Grand Chamber or the Criminal Grand Chamber.If the recusal at the judgment of Grand Chamber by a judge of the Grand Chamber who was previously involved in the judgment of the case submitted by the court before the rehearing will render the court without any member from the Grand Chamber, the recusal will not be necessary. The request for recusal of a judge in the Grand Chamber shall be ruled by a collegial panel of the Grand Chamber. When the aforesaid ruling prohibits the judge whose recusal is requested from participating, the candidate for substitution shall be based on the provisions in paragraph 2 and paragraph 3 or the substitute will be appointed. The substation shall end on the judgment day of the case for which the recusal is requested. When the president, the presiding judge of the Grand Chamber appointed by the president or a judge of the Grand Chamber is absent, the substitute shall serve until the end of the original tenure. When the presiding judge or any judge of the Grand Chamber is unable to serve due to circumstances, the substitute or the appointed candidate shall serve the tenure for the Grand Chamber's duty until the conclusion of the circumstances. However, the substitute shall serve until the expiry of the original tenure if the remaining tenure is less than three months.
中文原文 法院組織法第51-7條
前條第一項由院長指定之大法庭審判長、第二項之票選大法庭庭員任期均為二年。
票選庭員之人選、遞補人選,由法官會議以無記名投票,分別自民事庭、刑事庭全體法官中依得票數較高,且符合前條第三項規定之方式選舉產生。
院長或其指定之大法庭審判長出缺或有事故不能擔任審判長時,由前項遞補人選遞補之,並以大法庭庭員中資深庭長充審判長,無庭長者,以其他資深庭員充之,資同以年長者充之。
票選之大法庭庭員出缺或有事故,不能擔任民事大法庭、刑事大法庭庭員時,由前項遞補人選遞補之。
前條第二項提案庭指定之庭員出缺、有事故不能擔任民事大法庭、刑事大法庭庭員時,由提案庭另行指定庭員出任。
民事大法庭、刑事大法庭審理中之法律爭議,遇民事大法庭、刑事大法庭庭員因改選而更易時,仍由原審理該法律爭議之民事大法庭、刑事大法庭繼續審理至終結止;其庭員出缺或有事故不能擔任民事大法庭、刑事大法庭庭員時,亦按該法律爭議提交民事大法庭、刑事大法庭時之預定遞補人選遞補之。
大法庭法官曾參與提案庭提交案件再審前之裁判者,如其於大法庭之裁判迴避,將致其原所屬庭無大法庭成員時,無庸迴避。
大法庭法官迴避之聲請,由大法庭以合議裁定之。
前項裁定,被聲請迴避之法官不得參與,其遞補人選依第二項、第三項規定遞補或指定出任;遞補任期至該聲請迴避事件裁判之日為止。
院長、院長指定之大法庭審判長或大法庭庭員出缺者,遞補人選之任期至原任期屆滿為止。
有事故不能擔任大法庭審判長或庭員者,其遞補人選之任期或指定出任人選執行大法庭職務之期間,至該事故終結之日為止。
但原任期所餘未滿三個月者,其遞補人選任期,至原任期屆滿為止。

English translation for reference only; the Chinese text prevails. Not legal advice.