Censure

Censure

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Censure

When a Control Yuan member finds a public servant has neglected his or her duty or violated the law, and deems it necessary to suspend him or her from office or take immediate action, the member may file a written censure against the public servant. If the censure is examined and approved by more than three other members, the Control Yuan shall forward the case to the superior in charge of the public servant. If the case falls within the jurisdiction of criminal code or military law, it shall be referred to the competent law court or court martial for action. If a Control Yuan member who is assigned to fulfill his or her duty in a supervision district decides to make a censure proposal to the Control Yuan against a public servant below associate rank, the member, if necessary, may notify the superior of the censured person to gain his or her attention. Within one month of receiving the written censure, the superior or the official in charge must take appropriate action (aside from the Criminal Code or the Armed Forces Criminal Act, which are handled by their appropriate supervisory organizations) in accordance with the provision of the Public Functionaries Discipline Act. The superior may suspend the censured person from duty or take other immediate actions. If the superior official considers no action should be taken, he or she shall report the case to the Control Yuan with appropriate explanation. If the superior fails to take action in compliance with the law, or if the action is considered inappropriate by more than two Control Yuan members, an impeachment shall be proposed against the censured person. If the impeachment proceedings result in penalty for the censured person, his or her superior should be held responsible for the neglect of duty.