Implementing Regulation Of The Judges Act Article 39

“The forwarding and review procedures shall apply, mutatis mutandis, the disciplinary procedures for judges” as referred to in Article 89, Paragraph 8 of the Act, means the application of, mutatis mutandis, Article 47, Paragraph 1, Sections 1 and Paragraph 2, Articles 51, 52, 55, Article 56, Paragraph 2, Articles 57 to 59, Article 60, Paragraph 1, as well as Articles 61 to 69.In the event a head prosecutor or prosecutor of the high court prosecutors’ office or offices below and branch offices thereof is subject to disciplines, the administrative supervisor(s), stipulated under Article 94 of the Act, may, in the name of his/her affiliated agency, submit to the Ministry of Justice and request that the case be reviewed by the Prosecutorial Personnel Review Committee.In the event the Prosecutor-General, head prosecutor, or a prosecutor of the supreme court prosecutors’ office and the chief prosecutor of the high court prosecutors’ office or offices below and branch offices thereof is subject to disciplines, the administrative supervisor(s), stipulated under Article 94 of the Act, may, in the name of his/her affiliated agency, submit to the Ministry of Justice for review and disposition, and the Minister of Justice may consult with the opinions of e Prosecutorial Personnel Review Committee before the rendering the disposition.In the event the Ministry of Justice deems the prosecutors in the two preceding paragraphs committed acts subject to the disciplinary actions, it may, directly transfer the case to the Control Yuan for review in accordance with Article 89, Paragraph 8 of the Act applying mutatis mutandis Article 51, Paragraph 2. The prosecutor subject to the disciplinary action shall be afforded the opportunity to provide opinions prior to such submission in accordance with Article 89, Paragraph 8 of the Act applying mutatis mutandis Article 51, Paragraph 3.In the event a prosecutor has committed act(s) subject to disciplinary action under Article 89, Paragraph 4, Section 1, “the date individual evaluation may be submitted “as referred to in Article 89, Paragraph 8 of the Act applying mutatis mutandis proviso to Article 52, Paragraph 1, means the date of the final disposition of judgment, non-indictment or suspended indictment or the sixth anniversary of the appended date at the court of first instance.A prosecutor not satisfied with the disposition of the Ministry of Justice, such as revocation of qualifications, dismissal, suspension, relief of duties, transfer to non-prosecutorial position, or detail, among other things, shall seek remedy in accordance with the Civil Service Protection Act.