Code of Criminal Procedure Article 26
This English translation was last updated on 2020-01-15, 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 provisions of Articles 17 through 20 and Article 24 concerning the disqualification of a judge shall apply mutatis mutandis to a public prosecutor, a public prosecutor investigator, or a clerk who deals with public prosecuting affairs, provided that previous service as a public prosecutor, a public prosecutor investigator, a clerk, or an interpreter in a lower court is not a reason for disqualification.A motion to disqualify a public prosecutor, a public prosecutor investigator, or a clerk specified in the preceding paragraph shall be made to the chief prosecutor concerned or the Prosecutor General for appraisal and decision.A motion to disqualify a chief prosecutor shall be made to the chief prosecutor of the immediately superior Public Prosecutors Office or to the Prosecutor General for appraisal and decision; the same rule shall apply if there is only one prosecutor.