The Guidelines for the Ministry of Justice to Select Resident Prosecutors to the Agency Against Corruption for the Handling of Malpractice Investigation Affairs
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- Last updated：2018-11-01
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Full guidelines stipulated in Official Letter No. 1001107330 issued by the Ministry of Justice on June 29, 2011
Amended item 5 stipulated in Official Letter No. 10304018570 issued by the Ministry of Justice on July 24, 2014
1.These Guidelines have been formulated by the Ministry of Justice (hereinafter referred to as the “Ministry”) to strengthen the efficiency of execution of malpractice investigation affairs, integrate liaison and coordination between the Agency Against Corruption and Prosecutors’ Offices at all levels, and enhance corruption investigation performance.
2.The Ministry may select outstanding senior chief prosecutors and prosecutors (hereinafter referred to as “Prosecutors”) with leadership, communication, and coordination abilities and experience in the field of anti-corruption and relevant crime investigation practices shall be selected from the Prosecutors’ Offices of courts at all levels and dispatch them to the Agency Against Corruption to 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.
3.Where the Prosecutors’ Offices of courts at 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 prosecutor shall be dispatched by said Office to conduct investigations and handle malpractice investigation affairs at the Agency Against Corruption.
The dispatched 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 and submit reports to the Chief Prosecutor of their Prosecutors’ Office in a timely manner.
4.The Agency Against Corruption shall be authorized to assign personnel of subordinate government employee ethics units to provide assistance in the search for evidence and administrative support in accordance with the needs of the resident prosecutors.
5.Prosecutors shall be dispatched for a period of three years. This period may be extended or shortened if deemed necessary. Extension periods shall not exceed a maximum of three years.