Guidelines Governing Administrative Investigations Conducted by Government Ethics Units
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- Last updated：2019-10-15
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In order to instruct the government ethics units throughout the nation to observe the limit of their authority as well as the general principles of the law, including the principle of definiteness of law, principle of proportionality (Verhaltnismasigkeitsprinzip), principle of clarity and separation of power (Rechtsbestimmtheitprinzip), and principle of performance of duty in accordance with the laws and regulations, the Agency Against Corruption (AAC) enacted the “Guidelines Governing Administrative Investigations Conducted by Government Ethics Units” on May 13, 2019. It serves as the basis for government ethics units when carrying out administrative investigations in order to protect human rights and balance the public interest at the same time.
The focuses of the said Guidelines include the scope of an administrative investigation, principles of the law to be followed, concerned parties’ interests and rights, requisites for the activation of procedures, approaches, acts to be forbidden, causes for suspension of investigation, conclusion of procedures and confidentiality. The goals are to make the administrative investigation operating procedures clearer and stricter, and also to upgrade the quality of investigation cases.
To practice said Guidelines, the AAC organized the training program about the “Laws and Regulations of Government Ethics Investigation” on June 3, 2019. The government ethics units of competent authorities throughout the nation were invited to send their staff to attend this training in order to enhance the government ethics unit personnel’s knowledge, and enforce the relevant laws and regulations. The AAC will continue to improve upon the administrative investigations carried out by government ethics units. It will exert its best effort to discover corruption and malfeasance, and eliminate cases of corruption to maintain the government’s integrity.