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Home > Decisions > Docket Search > Before 2022
  • Interpretation
  • No.13
  • Date
  • 1953/01/31
  • Issue
    • Does the Judge specified in Article 81 of the Constitution include the Prosecutor?
  • Holding
    •        The Judge referred to in Article 81 of the Constitution means the Judge that Article 80 of the Constitution refers to and does not include the Prosecutor. However, the guarantee of tenured prosecutors, according to Article 82 of the Constitution and Article 40, Paragraph 2, of the Court Organic Act, apart from their transfer, is the same as that of tenured judges.
    • *Translated by Fu-Te Liao.
  • Reasoning
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