Implementing Regulation Of The Judges Act Article 34
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.
“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.
中文原文 法官法施行細則第34條
本法施行後經銓敘審定有案之法官、檢察官，其遷調仍依原敘俸級銓敘審定。
但以敘至擬任職務本俸最高級為止，如有超過之俸級仍予照支，俟將來試署或實授時，再予回復。
本法施行後經銓敘審定有案之法官、檢察官，於離職後再經遴選為法官、檢察官時，比照前項規定辦理。
但原敘俸級如高於再任職務本俸最高級時，敘至再任職務本俸最高級為止，其原敘較高俸級仍予保留，俟將來試署或實授時，再予回復。
但以敘至擬任職務本俸最高級為止，如有超過之俸級仍予照支，俟將來試署或實授時，再予回復。
本法施行後經銓敘審定有案之法官、檢察官，於離職後再經遴選為法官、檢察官時，比照前項規定辦理。
但原敘俸級如高於再任職務本俸最高級時，敘至再任職務本俸最高級為止，其原敘較高俸級仍予保留，俟將來試署或實授時，再予回復。