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| Control Law of the Republic of China |
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(Promulgated by presidential
decree on July 17, 1948; Articles 9, 13, 17, 18, 22 amended,
Article 23 added, article numbers changed thereafter and
promulgated by presidential decree on June 11, 1949; Articles
16, 17, 19, 20, 22, and 25 amended and promulgated by
presidential decree on December 7, 1950; Article 9 amended,
Article 31 added, and original Article 31 changed to Article
32 and promulgated by presidential decree on September
26, 1951; Articles 3, 4, 6, 8, 14, 17, 18, 19, 20, 21,22,
23, 25, 26, and 27 amended by presidential decree on April
30, 1953; Articles 7, 8, and 9 amended and promulgated
by presidential decree on August 28, 1967; Articles 1,
2, 5, 6, 22, 32 amended and promulgated by presidential
decree on November 13, 1992)
Chapter I: General Provisions
Article 1: The Control Yuan shall exercise the powers
of impeachment, censure, and audit and propose corrective
measures in accordance with the Constitution and Additional
Articles of the Constitution. With the exception of
the power of audit, which is otherwise prescribed, all
the powers shall be exercised in accordance with this
Law.
Article 2: The Control Yuan shall exercise the powers
of impeachment and censure through its members and propose
corrective measures through its committees.
Article 3: Members of the Control Yuan may conduct
circuit supervision in different areas.
Article 4: The Control Yuan and its members may receive
the people’s written complaints; the Control Yuan shall
prescribe procedures in this respect.
Chapter II: The Power of Impeachment
Article 5: In case the Control Yuan impeaches the President
or the Vice President, it shall do it in accordance
with Article 30 of the Constitution and paragraph five
of Article 15 of the Additional Articles of the Constitution.
Article 6: In case members of the Control Yuan impeach
any public functionary who is believed guilty of violation
of law or dereliction of duty, the case shall be proposed
to the Yuan by at least two members.
Article 7: A case of impeachment shall be proposed
in writing and in detail; the members who have made
the proposal may make supplementary statements before
the case is examined.
Article 8: If a case of impeachment is established
after being examined by nine or more members, excluding
the initiators of the case, the Control Yuan shall turn
over the case to a competent disciplinary organ for
action. If a new fact or evidence is found, it shall,
after examination, be turned over to the disciplinary
organ.
Article 9: Examination of impeachment cases shall
be assumed by all the members of the Control Yuan in
rotation.
Article 10: If an impeachment case is decided during
examination as not justifiable and the initiators of
the case demur the decision, it shall be re-examined
by nine or more other members of the Control Yuan for
final decision.
Article 11: Members of the Control Yuan who are involved
in an impeachment case shall removed themselves from
its examination.
Article 12: The President of the Control Yuan shall
in no case attempt to influence or interfere with the
impeachment proceedings.
Article 13: Members of the Control Yuan and its staff
shall not disclose a case of impeachment to the public
before it is turned over to the competent dis-ciplinary
organ.
The Control Yuan may promulgate an impeachment case
when it is turned to the disciplinary organ.
Article 14: At the time when an impeachment case is
turned over to the disciplinary organ, if the Control
Yuan considers the violation of law or dereliction of
duty involved in the case is serious enough to require
immediate remedy, the Yuan shall inform the offender‘s
superior and official in charge to take immediate remedial
action.
If the superior official in charge, after being informed,
fails to take any action against the offender, he or
she shall be considered guilty of dereliction of duty
if the offender is reprimanded.
Article 15: If the Control Yuan considers an impeached
public functionary has violated the criminal law or
military law, the Control Yuan shall, in addition to
forwarding the case to the disciplinary organ, turn
over the case to the competent court or court martial
for action according to law.
Article 16: When an impeachment case is turned over
to the disciplinary organ and the law court or court
martial, the competent organs shall take action immediately
and inform, through the Control Yuan, as soon as possible
the initiating members of the case of the actions taken.
Any defense statement made by the impeached public
functionary shall be forwarded through the Control Yuan
to the members who have initiated the case without delay.
The initiating members shall forward their opinion,
if any, to the disciplinary organ within ten days of
receipt of the statement.
Article 17: The Control Yuan may inquire about any
impeachment case that is not settled within three months
after it has been turned over to the disciplinary organ.
If an investigation finds the case has been deliberately
delayed, the Control Yuan may take action against the
personnel of the disciplinary organ responsible for
the delay in compliance with Articles 6 and 19.
Article 18: A person who has been punished as a result
of impeachment shall not be employed by any government
organization during the period of suspension of duty.
Any promotion he or she is entitled by law during the
proceeding of the case of punishment shall be canceled
after a decision on the punishment is made.
If a superior or official in charge does not handle
a censure case in accordance with the previous article,
or if the action taken is considered inappropriate by
two or more members of the Control Yuan, the censured
public functionary may be impeached. If the superior
or the official in charge of the censured public functionary
does not, after receiving the censure notice, punish
him or her in accordance with the provision of the previous
article or decides not to punish him or her, the superior
official or the official in charge shall be held responsible
for dereliction of duty, if the censured person is punished
with impeachment. The promotion shall be valid, if the
punishment is a reprimand.
Chapter III: The Power of Censure
Article 19: If a member of the Control Yuan considers
a public functionary guilty of violation of law or dereliction
of duty, which requires suspension of duty or urgently
remedy, he or she may submit a written censure which
shall be examined and decided by three or more other
members of the Control Yuan. The censure shall be forwarded
by the Control Yuan to the superior or the official
in charge of the public functionary. If a case involves
violation of the criminal or military law, it shall
be turned over to the competent law court or court martial
for action.
When a Control Yuan member files a written censure
case against a public functionary below the recommended
rank in his or her area of control, he or she may invite
the attention of the superior or the official in charge
of the functionary in question.
Article 20: If a censure case is considered unwarranted
but the initiator thinks otherwise, it shall be reexamined
by another three or more members of the Control Yuan
for final decision.
Article 21: After the written censure against a public
functionary reaches the hand of his or her superior
or official in charge, except the part of the case that
involves the violation of criminal law or military law,
which shall be handled separately by a law court or
court martial, the superior or the official in charge
shall handle the case within one month in accordance
with the Law of Discipline Against Public Functionaries.
He or she may suspend the duty of the censured public
functionary. If the superior or the official in charge
considers that no action should be taken, he or she
shall submit his or her justifications to the Control
Yuan.
Article 22: If a superior or official in charge does
not handle a censure case in accordance with the previous
article, or if the action taken is considered inappropriate
by two or more members of the Control Yuan, the censured
public functionary may be impeached.
If the superior or the official in charge of the censured
public functionary does not, after receiving the censure
notice, punish him or her in accordance with the provision
of the previous article or decides not to punish him
or her, the superior official or the official in charge
shall be held responsible for dereliction of duty, if
the censured person is punished with impeachment.
Article 23: The provisions of Articles 8, 11, 12,
13, and 16 shall be applicable mutatis mutandis to a
case of censure.
Chapter IV: Corrective Measures
Article 24: The Control Yuan, after investigating the
work and facilities of the Executive Yuan and its subordinate
organs, may propose corrective measures to the Executive
Yuan or its subordinate organs for improvement after
these measures are examined and approved by the relevant
committees.
Article 25: The Executive Yuan or any of its subordinate
ministries or commissions, upon receiving the corrective
measures, shall immediately make improvements or take
appropriate actions and shall reply to the Control Yuan
in writing on the improvements or actions. If the Control
Yuan receives no reply within two months, it may inquire
the organ in question.
Chapter V: Investigation
Article 26: To carry out the power of control, a Control
Yuan member with a control certificate or the personnel
assigned by the Control Yuan with the investigation
certificates, may go to public or private organizations
to investigate the files, records and relevant documents.
The heads of these organizations and other related personnel
shall not refuse, and shall be responsible for making
de-tailed replies if they are interrogated and shall
sign the papers of interrogation records.
In investigating a case, the investigators may notify
the signatory of the written complaint and the investigated
to appear at a designated place for interrogation.
The investigator shall not disclose the content of
the case to the public.
Rules governing the use of the control certificate
and the investigation certificate shall be stipulated
by the Control Yuan.
Article 27: The investigator may temporarily impound
the related documents of evidence or take away the whole
or a part of them if necessary.
In doing so, they should first obtain the permission
of the chief of the organization. Unless such action
will impair the national interests, the chief of the
organization shall not refuse.
The chief of the organization shall affix his or her
seal on the documents of evidence to be taken away by
the investigator and get a receipt in return.
Article 28: The investigator may request the local
government, local court or other agencies concerned
to provide assistance.
The investigator may also inform the police authorities
to help take necessary measures when he or she encounters
resistance or finds it necessary to protect evidence.
Article 29: If a case is considered crucial or if
it is feared that the investigated may escape, the investigator
may inform the local police authorities to take precautions.
Article 30: The Control Yuan may entrust an-other
agency to investigate a designated case or mat-ter.
After accepting the case, the agency shall pro-ceed
with the investigation immediately and reply to the
Control Yuan in writing.
Chapter VI: Supplementary Provisions
Article 31: The rules for implementing this law shall
be stipulated by the Control Yuan.
Article 32: Articles 1, 2, 5, and 6 and paragraph
one of Article 22 shall be effective as of February
1, 1993.
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