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  • Interpretation
  • No.52
  • Date
  • 1955/08/20
  • Issue
    • Shall the protection upon the prosecutor be extended to the situation where he/she is unable to perform his/her duty due to illness?
  • Holding
    •        The office of commissioned prosecutors shall be accorded security unless there has been reappointment of the office, pursuant to Article 40, Paragraph 2, of the Court Organic Act and as interpreted by Interpretation No. 13 of this Yuan. Notwithstanding, the security so accorded shall be extended to prosecutors capable of performing their duties. A prosecutor who cannot perform his/her duties as a matter of fact as a result of having been on sick leave for over a certain period of time may be ordered to resign from his/her office pursuant to Article 10 of the Rules Governing the Public Functionaries’ Request for Leave before regulations are devised in accordance with the spirit of the aforementioned security to be afforded to such offices.
      
    • *Translated by Melanie Nan of Lee and Li, Attorneys-at-Law.
  • Reasoning
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