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Description of the Resident Prosecutors to the Agency Against Corruption of the Ministry of Justice

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  • Last updated:2018-11-01
  • Count Views:1626
1.Purpose: A.Implementation of a litigation system with prosecutors as the director of investigations To implement the pre-investigation mechanism, the Agency Against Corruption, investigated cases shall be investigated under immediate direction of resident prosecutors. Compared to the traditional mode of guided investigation by prosecutors, this mechanism provides a better grasp of the investigation progress and case status. The goal is the implementation of a crime investigation mechanism with the prosecutor as the subject of investigation. B.Liaison and coordination between the Agency Against Corruption and Prosecutors’ Offices of all levels To strengthen the efficiency of execution of malpractice investigation affairs, resident prosecutors are utilized to establish a liaison and coordination mechanism between the Agency Against Corruption and courts at all levels in an effort to enhance corruption investigation performance. 2.Legal basis: The Guidelines for the Ministry of Justice to Select Resident Prosecutors to the Agency Against Corruption for the Handling of Malpractice Investigation Affairs (Amended official letter No. 10304018570 issued by the Ministry of Justice on July 24, 2014) 3.Selection method: Outstanding senior chief prosecutors and prosecutors with leadership, communication, and coordination abilities and experience in the field of anti-corruption and relevant crime investigation practices shall be selected from Prosecutors’ Offices at all levels by the Ministry of Justice. 4.Tasks: Resident prosecutors handle the following malpractice investigation affairs: (a)Legal counseling for corruption crimes. (b)Direction of advance search for evidence for corruption cases. (c)Direction of crime investigations conducted by personnel in charge of malpractice investigation affairs at the Agency Against Corruption. (d)Coordination of investigations for the same case conducted by the Agency Against Corruption and other judicial police authorities. 5.Management methods: (a)Where Prosecutors’ Offices of all levels receive requests from the Agency Against Corruption to provide direction for investigations, cases shall be numbered and registered pursuant to the “Prosecutor’s Case Numbering, Assigning and Concluding Guideline ” and a resident prosecutor from said office shall be assigned to conduct investigations and handle malpractice investigation affairs at the Agency Against Corruption. (b)The resident prosecutors shall direct investigation of cases in accordance with the “Directions Governing the Handling of Criminal Litigation Cases” and “Search and Seizure by Prosecutorial Authorities”. Besides, they shall submit reports to the Chief Prosecutor of their Prosecutors’ Office in a timely manner. 6.Current state of resident prosecutors from Prosecutor’s Offices at all levels to the Agency Against Corruption: (a)The current state is as follows : 3 prosecutors from the Taiwan High Prosecutors’ Office, 1 prosecutor from Taichung Branch, Taiwan High Prosecutors’ Office, 1 prosecutor from the Tainan Branch, Taiwan High Prosecutors’ Office, a total of 3 chief prosecutors and prosecutors from the Taipei District Prosecutors Office, 1 prosecutor from the New Taipei District Prosecutors’ Office, 1 prosecutor from the Shilin District Prosecutors’ Office, 1 prosecutor from the Taoyuan District Prosecutors’ Office, 2 prosecutors from the Taichung District Prosecutors’ Office, 1 prosecutor from the Changhua District Prosecutors’ Office, 1 Prosecutor from the Tainan District Prosecutors’ Office, 2 prosecutors from the Kaohsiung District Prosecutors’ Office (total of 17) (b)District Prosecutors’ Offices that have not dispatched prosecutors shall assign dedicated prosecutors for coordination and liaison: To increase procedural efficiency and decrease liaison times, the Agency Against Corruption shall request District Prosecutors’ Offices that have not dispatched prosecutors to assign dedicated prosecutors as liaisons in charge of the liaison matters of investigation of cases from the Agency Against Corruption that fall within the responsibility of their Prosecutors’ Office and anti-corruption affairs.
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