Press Release: A Prosecutor-General Who Vows Allegiance to the People
Last edited: 2026-08-30
The amendment to the Court Organization Act was passed on January 13, 2006, and promulgated by the President to take effect on February 3 of the same year. According to Paragraph 8, Article 66 of the amended provisions, the President shall submit a nominee for the Prosecutor-General of the Supreme Prosecutors Office to the Legislative Yuan within one month from the effective date. The President nominated Hsieh Wen-ting, then Chief Prosecutor of the Taiwan High Prosecutors Office, as the first Prosecutor-General under the amended act on February 27. We are pleased to see the implementation of the new law entering its statutory process.
The Prosecutor-General nominee, Hsieh Wen-ting, was consecutively shortlisted in two ballot-based recommendations for Prosecutor-General held by frontline prosecutors (conducted by the Judicial Reform Foundation in July 2004 and the Prosecutors Association in February 2006). He possesses a comprehensive career background within the prosecution system, and is regarded as possessing strong leadership, communication, and coordination capabilities, as well as the ability to resist pressure from higher-ups and respect prosecutors' independence in handling cases. We have also publicly solicited specific evaluations of the prospective Prosecutor-General, including negative feedback, and to date, no issues affecting a prosecutor's duty have arisen. Therefore, in principle, the Anti-Corruption Coalition gives a positive endorsement to the President's nomination. However, we will continue to monitor the future performance of the new Prosecutor-General nominee, collect records of their deeds to exercise oversight, and ensure whether the prospective Prosecutor-General meets the expectations of frontline prosecutors.
The core themes of this amendment to the Court Organization Act are the neutralization and substantial empowerment of the Prosecutor-General. The first Prosecutor-General will be appointed after undergoing the Legislative Yuan's exercise of its consent power, thereby exercising their duties in the form of a mandate entrusted by the people. To ensure the sound operation of this system and to establish favorable precedents and traditions, the Anti-Corruption Coalition demands that the President, members of the Legislative Yuan, and Prosecutor-General nominee Hsieh explicitly state their positions on the following issues prior to his appointment:
- Upon taking office, the Prosecutor-General shall publicly vow allegiance to the people, strictly uphold the independent stance of prosecutors in handling cases, judiciously exercise the power of the unity of the prosecution system, and fully exert the social functions of prosecutors in rooting out evil, suppressing wrongdoing, and upholding the justice of the rule of law.
- Although nominated by the President, the President shall fully respect the exercise of the Prosecutor-General's official powers. Should the President or their agent summon the Prosecutor-General to inquire about major cases under investigation, the Prosecutor-General shall strictly refuse based on the neutrality and confidentiality of investigations.
- As the Prosecutor-General is appointed with the consent of the legislature, to maintain the dignity of prosecutors, the Prosecutor-General shall not, under any circumstances other than the official hearing procedures for the exercise of the consent power, publicly or privately visit legislators or legislative caucuses, so as to avoid any suspicion of engaging in benefit exchanges to secure confirmation. Following appointment, they shall even less allow investigations to be compromised by legislators' lobbying and pressure.
- Regarding whether the Special Investigation Division can operate soundly and investigate several major cases of public concern, this will serve as a touchstone for the implementation of the new law. The Anti-Corruption Coalition has put forth operating principles for the Special Investigation Division (see Appendix) and hopes that the Prosecutor-General will nominate prosecutors of sound integrity, high resilience, strong case-investigation capabilities, and a strict adherence to judicial neutrality to form the division. Furthermore, prior to the legislature exercising its consent power, the nominee for the head of the Special Investigation Division shall be presented to make the public trust the new Prosecutor-General's determination to fearless privileges and independently investigate cases.
We earnestly hope that the President, members of the legislature, and Prosecutor-General nominee Hsieh Wen-ting will recognize the hard-won nature of the amendment to the Court Organization Act and the public's ardent desire for an independent prosecution system to combat corruption and eliminate malpractice, and that they will jointly establish favorable precedents for the operation of the new system, enabling our nation to smoothly advance toward a fair and rule-of-law modern society.
Appendix
Suggestions on the Operating Principles of the Special Investigation Division of the Supreme Prosecutors Office
1. All personnel of the Special Investigation Division—including the head, other prosecutors, prosecution investigators, clerks, administrative personnel, or personnel seconded from other agencies—shall be nominated by the Prosecutor-General, who shall bear the responsibility for the success or failure of the division's operations.
2. The head and prosecutors of the Special Investigation Division shall meet the following standards, and no other formal restrictions shall be established beyond them:
- Main principle: "Sound integrity, high resilience, strong case-investigation capabilities, and strict adherence to judicial neutrality."
- Sound integrity, excellent character, and a passion for pursuing fairness and justice.
- Fearless of high-ranking officials and power, and not greedy for power, position, or private gain.
- High pressure resistance and sufficient tenacity, possessing a personality trait of becoming more resilient with every setback and stronger when facing formidable challenges.
- Possessing personal experience and capability in handling high-difficulty cases. Even without the investigative support of judicial police, they are still capable of leading the prosecution team to investigate cases independently.
- Subscribing to the rules of evidence, strictly observing procedural justice, and respecting human rights.
- Maintaining absolute political neutrality and abiding by the principle of non-publicity of investigations.
- Possessing a collective case-investigation mindset, avoiding personal grandstanding, and refraining from acting unilaterally or making unauthorized public statements.
3. Prosecutors (including the head) of the Special Investigation Division shall all be submitted to the Prosecutorial Review Committee for review, requiring a majority consent approval. In principle, barring major flaws in integrity or capability, the Prosecutor-General's views shall be respected, and the appointment shall be approved.
4. The head and prosecutors of the Special Investigation Division shall have no fixed terms of office and shall, in principle, advance and retreat together with the Prosecutor-General. Upon taking office, a newly appointed Prosecutor-General shall re-nominate and re-appoint the head and prosecutors of the Special Investigation Division.
5. The Special Investigation Division shall be staffed with prosecution investigators numbering at least twice the number of prosecutors, as well as administrative personnel such as clerks and court security officers equal in number to the prosecutors. The Ministry of Justice shall absolutely respect the Prosecutor-General's views regarding the selection of the aforesaid personnel or personnel seconded from other agencies, and shall fully cooperate in their deployment.
6. The Special Investigation Division shall be equipped with interrogation rooms and vehicles equal in number to the prosecutors, as well as other necessary investigative equipment such as stolen-goods and evidence storage rooms. The Ministry of Justice shall fully cooperate with such allocations.
7. The Special Investigation Division shall adopt a collective case-investigation model. All investigative directions and concrete investigative actions shall be discussed in meetings among all assigned prosecutors, after which the Prosecutor-General or the head of the Special Investigation Division shall make the final decision.
8. All personnel of the Special Investigation Division (including investigative and administrative personnel), except for the head and the spokesperson, shall not leak investigative case details. All personnel of the Special Investigation Division shall sign a confidentiality agreement upon taking office, indicating their willingness to accept appropriate penalties should they breach any confidentiality measures.
9. When investigating particularly major cases associated with local jurisdictions, the Special Investigation Division may establish local offices when necessary, and the chief prosecutors of the first- and second-instance courts locally shall provide full cooperation and assistance.
10. The operating rules of the Special Investigation Division of the Supreme Prosecutors Office shall be drafted by the Prosecutor-General, reviewed by the Prosecutorial Review Committee, and submitted to the Ministry of Justice for approval.
This article is an AI-generated translation of the original Chinese text. In the event of any discrepancy, the Chinese version shall prevail.