5. Censure

When a Control Yuan member finds a public functionary 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 functionary. 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 functionary. 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 functionary lower than the recommended rank, the member, if necessary, may notify the superior of the censured person to arouse his or her attention. After receiving the written censure, the superior or the official in charge must take appropriate action in accordance with the provision of the Law of Discipline Against Public Functionaries within one month. 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 may be proposed against the censured person. If the impeachment proceedings result in penalty for the censured person, his or her higher official or the next higher official in charge should be held responsible for dereliction of duty.

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