Implementing Regulation Of The Judges Act Article 37
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.
“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.