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Profile of the Prosecutors Association, ROC(Taiwan) (PA)

Backgrounds

The proposal to establish the Prosecutors Association, ROC (Taiwan) (PA) was posed quite long ago. The aspiration and fervency demonstrated by district prosecutors for prosecution reforms in Taiwan for nearly a decade have been the main impetus behind the formation of the Association. During 1994~1998, district prosecutors strived to be more independent. They insisted on the transparency of prosecution supervision and the democracy of prosecutors’
transfer and promotion. Subsequently, they offered valuable proposals and thoughts regarding reforms of prosecution systems, improvement of the working environments, establishment of professional dignity upgrading professional quality as well as professional disciplines. Although some prosecutors played the roles as forerunners and some discussed the aforementioned issues on internet forum, they could not and did not formally represent the majority opinion of the prosecutor without an association..
On the other hand, the amendment to the criminal procedure from 1995 to 2003 had great impact upon the prosecution system. The duty and obligation of the prosecutor have changed dramatically. The prosecutor deemed it necessary that there should be an organization representing the prosecutor to
participate in the discussion of such reform and policy making.
Meanwhile, the “International Association of Prosecutors (IAP)” was set up in Vienna in June 1995. The IAP invited the Republic of China to join it as an organizational founding member under the name of “the ROC Prosecutors Association” or the equivalent. The problem was we didn’t have an organization like “Prosecutors Association”. In August 1996, we applied for the IAP membership in the title of the “ Judges Association of ROC ”
but failed because the Association was not inconformity with the qualification requirements of the IAP. Since 1997, our prosecutors have enthusiastically attended the IAP annual conferences every year but only in the capacity of individual members.
Among the mounting issues of prosecution as well as the increasing international conferences and exchanges, it is really necessary that an organization should be set up for prosecutors. This is essential to pool the wisdom of all prosecutors, to underline the function of prosecution, to strengthen legal studies and beef up prosecution ethics and self-discipline, to reshape the new image and to improve the team spirit of prosecutors.

Establishment of the PA

In May 2004, nine prosecutors including Shih Ching-Tan and Chen Wen-Chi from the Prosecutors’ Office for the Taiwan High Court, Chen Yi-Chi, Su Pei-Yu, Chiu Chih-Hung, Bai Chung-Chih, Sun Cheng-Hwa, Cheng Hu-Cheng and Tang Wei-Hsiang from Shihlin District Prosecutors Office formed a task force to start the preparation for the establishment of the association. That proposal was hotly backed by other district prosecutors and was countersigned by a total of 495, of which, 67 joined the task force as initiators. On June 24, the application for founding the Prosecutors Association, ROC (Taiwan), a nationwide social association, was submitted to the Ministry of Interior in accordance with the Civil Association Act and was approved subsequently. On August 22, 2004, the task force held the initiators’ meeting and the first preparation meeting at the Conference Room on the fifth floor of Taiwan Taipei District Public Prosecutors Office.
In the event, Head Prosecutor of Taiwan Taipei Public Prosecutors Office Shih Mao-lin, Prosecutors Shih Ching-tang, Chen Wen-chi, Chen Hung-ta, Chen Yu-chi, Su Pei-yu, Chiu Chih-hung, Sun Cheng-hua, Pai Chung-chi, Tang Wei-hsiang and Cheng Fu-cheng were elected as the Preparation Committee members. Prosecutor Chen Wen-chi was further elected the Chairperson of the Committee.
After the screening process of three Preparation Committee meetings, a total of 484 applicants were accredited as members. On Oct. 16, 2004, the establishment conference was convened at Chunghwa Telecom Building. In the conference, the association’s constitution was passed and 15 directors and
5 supervisors were elected. At the first joint directors and supervisors’
meeting held on Oct. 27, 5 managing directors, one managing supervisor and a president were elected. The association’s constitution, a list of the members and curriculum vitae of the personnel employed were then reported to the Ministry of Interior for approval and accreditation. On Oct. 22, the registration as a legal person was completed and the operation of the association started.

Objects

The objects of the PA are:

  1. to promote fair, impartial and independent prosecution of criminal offences;
  2. to promote and propose justice reform projects;
  3. to facilitate sound and rational working environment for prosecutors and provide support for that purpose;
  4. to encourage legal research and to facilitate the exchange of information with domestic and international organizations;
  5. to boost the professional image of prosecutors and to enhance self-disciplines;
  6. to strengthen the respect of the rule of law and advocate the education to that end;
  7. to take part in international conferences and exchanging programs;
  8. to carry out other affairs in furtherance of the foregoing objects

The Association is the platform for public affairs where the prosecutors are concerned about. The Association operates through multifaceted and full-disclosure policymaking regime to demonstrate the prosecutors’ intent and wishes. Through constructive stands, the Association speaks up for the majority of prosecutors to promote a sound prosecution system.

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