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  • Interpretation
  • No.127
  • Date
  • 1969/09/05
  • Issue
    • Under what circumstances shall a civil servant be discharged immediately from his official duties?
  • Holding
    •        A civil servant shall be discharged immediately from his official duties if one of the following circumstances occurs: (1) he has committed a corruptive act and been convicted; (2) the period of suspension granted has ended but the suspension has not been revoked; (3) he is convicted of other offenses and is currently serving his sentence in prison; or (4) his corruptive act is discovered after he has finished serving his sentence in prison.               	
      
  • Reasoning
    •        Article 15, Paragraph 2, of the Public Functionaries Appointment Act provides that a public official who has committed a     corruptive act shall be disqualified as a civil servant once he is convicted. If the conviction is affirmed and valid, the person shall be discharged immediately from his official duties even when a suspension of punishment is granted. A civil servant shall also be discharged immediately from his official duties even when the period of suspension has ended but the suspension has not been revoked. Article 15, Paragraph 1, Subparagraph 3, of the Public Functionaries Appointment Act and Article 17, Subparagraph 3, of the Civil Servant Disciplinary Law also respectively provide that: (1) a public official who commits an offense of rebellion or an offense of treason shall be disqualified as a civil servant once he is convicted; and (2) a civil servant shall be discharged immediately from his official duties once he is convicted of other offenses and begins to serve his sentence in prison; and he shall be disqualified as a civil servant if the reason for discharging his official duties is not revoked. Since a public official is disqualified as a civil servant once he is convicted or he begins to serve a sentence in prison, he shall be discharged immediately from his official duties and subject to the aforementioned provisions even when his corruptive act is discovered after he has finished serving his sentence in prison. 
      
    • *Translated by Li-Chih Lin, Esq., J.D.  
      
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