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  • Interpretation
  • No.262
  • Date
  • 1990/07/06
  • Issue
    • After the Control Yuan institutes an impeachment proceeding against a military serviceman, shall the case be transferred to the Commission on the Disciplinary Sanctions of Public Functionaries?
  • Holding
    •        After the Control Yuan institutes an impeachment proceeding against a military serviceman, the case shall be transferred to, and tried by, the Commission on the Disciplinary Sanctions of Public Functionaries. Wrongdoings by servicemen, other than those that lead to impeachment proceedings, are punishable under the Military Discipline Act.
      
  • Reasoning
    •        Article 77 of the Constitution states that “The Judicial Yuan shall be the highest judicial organ of the State and responsible for the trial of civil, criminal, and administrative cases and the disciplinary punishment of public employees.” The Commission on the Disciplinary Sanctions of Public Functionaries is organized under the Judicial Yuan and the competent authority regarding the discipline of public employees. This is obvious in the wording of Article 7 of the Organic Act of the Judicial Yuan.
      
    •        In those democratic nations with separate executive, legislative and judicial branches, the impeachment power represents the democratic oversight of unlawful and neglectful conduct of high government officials by the parliament on behalf of the people. The scope of the impeachment power exercised by the Control Yuan under Article 90, Paragraph 2 of Article 97, and Articles 99 and 100 of our Constitution is greater than that.With respect to the general proceedings of impeachment, no distinction is made in the Constitution between those against civil servants and military servicemen, except for those against the president and the vice president. Hence, if the Control Yuan institutes an impeachment proceeding against the unlawful and neglectful conduct of a serviceman, it shall transfer the case, along with evidence, to the Commission on the Disciplinary Sanctions of Public Functionaries. To comply with Article 77 of the Constitution, it should do so. Accordingly, Article 8 of the Control Act and Article 18 of the Public Functionaries Discipline Act were enacted.
      
    •        To preserve the unity of power of command and discipline in the military and to ensure a full implementation of commands and military orders, wrongdoings by persons in active military service are punishable under the Military Discipline Act, except those that lead to impeachment and criminal proceedings.
      
    • *Translated by Eric Yao-kuo Chiang
      
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