Implementing Regulation Of The Judges Act Article 26
This English translation was last updated on 2012-07-05, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.
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.
中文原文 法官法施行細則第26條
本法第四十八條之一第一項所稱參審員職權與法官同,係指參審員於職務法庭懲戒案件之言詞辯論及裁判之評議時,與法官有相同之權限。
職務法庭懲戒案件之裁判書,由合議庭之法官製作。
職務法庭懲戒案件之裁判書,由合議庭之法官製作。