4. Impeachment

¡@¡@ The Control Yuan may institute impeachment if it deems a public functionary in the Central government or in a local government guilty of neglect of duty or violation of law. According to the stipulations of the Additional Articles of the Constitution and the Control Law 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 the two who have initiated the case. The case shall be referred to the organization in charge of punishment.

¡@¡@All members of the Control Yuan shall join, in rotation, the examination committee of cases of impeachment. Thirteen members will be invited in each case, but the members involved in the case shall remove themselves from the examination. 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 the dereliction of duty or violation of law and is serious enough to require immediate remedy, 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 attempt to influence or interfere with impeachment proceedings. All impeachment cases shall be kept confidential before it is referred to a competent disciplinary organization for action. Once the examining members decide to announce the case, the Control Yuan shall make the announcement when the case is referred to the disciplinary organ.

¡@¡@If the disciplinary organization has received a statement made by an impeached person, it shall forward the statement immediately to the Control Yuan, which ,in turn, shall immediately forward it to the Control Yuan members who have initiated the case of impeachment. After receiving the statement, the said members shall forward their opinions to the disciplinary organization within ten days. The Control Yuan may question the disciplinary organization if no action on a case of impeachment is taken in three months.

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