Implementing Regulation Of The Judges Act Article 8

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.

An assistant or a probationary judge who resumes to serve after a leave of absence with cause during the assistant or probationary period, or a former or incumbent assistant or probationary prosecutor who is selected as a judge, shall continue the assistant or probationary capacity based on the already accumulated seniority in accordance with the front portion of Article 9, Paragraph 1 of the Act.“Having practiced as attorneys” as referred to in Article 9, Paragraph 2 of the Act, and “the seniority of practices as an attorney”, as referred to in Article 71, Paragraph 5 of the Act, mean the period of actual practices of attorney businesses or other periods that according to the law should be counted into the seniority of the practices as an attorney.“The consultation with the opinions of the Judicial Selection Committee” as referred to in Article 9, Paragraph 8 of the Act, shall be limited to the selected judges; the methods of consultation may be in the form of requesting written information from the Judicial Selection Committee, inviting representative(s) of the Judicial Selection Committee to provide explanations, or other implementing methods; “the notice shall be given to the reviewed assistant or probationary judge to express opinions before the decision of disqualification is rendered” means the Judicial Yuan shall notify the parties in writing to express their opinions in writing or orally and to be incorporated in the meeting minutes of the Judicial Personnel Review Committee.
中文原文 法官法施行細則第8條
本法第九條第三項但書所稱司法院得視實際情形酌予調整,包括調整輪辦事務期間、項目與放寬得獨任辦理事務之範圍及期間。

English translation for reference only; the Chinese text prevails. Not legal advice.