Impeachment

Impeachment

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Impeachment

The Control Yuan shall bring impeachment cases against public servants in the central and local governments whom it deems guilty of neglect of duty or violation of law. According to the stipulations of the Amendment of the Constitution and the Control Act, a case of impeachment shall be initiated by at least two members of the Control Yuan, and it shall be established after examination by no less than nine members, excluding members who have initiated the case. The case shall then be referred to the organization in charge of punishment. All members of the Control Yuan shall join, in rotation, the examination committee of impeachment cases. Thirteen members, who were not originally involved in the case, will participate. If an impeachment case cannot pass the examination, and if the members who initiated the case persist in their belief that the impeachment is warranted, the case shall be reexamined by another examination committee formed by at least nine different members. The decision of the second examination committee is final. If the offense involves neglect of duty or violation of law and is serious enough to require immediate action, the case shall be referred directly to the offender’s superior in charge for immediate action. If the case involves violation of the criminal code or military law, it shall be sent to a court or court martial for appropriate action. The President of the Control Yuan shall not direct or interfere with impeachment proceedings. All impeachment cases shall be kept confidential before being referred to a competent disciplinary organization for action. Once the examining members decide to announce the case, and refer it to the disciplinary organ, the Control Yuan shall make the announcement public. If the disciplinary organization has received a statement made by the impeached, it shall immediately forward the statement to the Control Yuan, which in turn shall immediately forward it to the Control Yuan members who initiated the impeachment case. After receiving the statement, should the said members have relevant opinions, they shall forward these to the disciplinary organization within ten days.

Should no action be undertaken by the disciplinary organization within three months, it shall be questioned by the Control Yuan.