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Organic Act for Investigation Bureau, Ministry of Justice

Release date 2016/12/16 12:04:03 Update date 2016/12/16 12:04:03

Organic Act for Investigation Bureau, Ministry of Justice

MJIB

Article 1  This Act is established pursuant to Article 5 of the Organic Act for Ministry of Justice.

Article 2  The Investigation Bureau under the Ministry of Justice (MJIB, hereinafter referred to as “the Bureau”) is in charge of the following:

1. Prevention against domestic insurrections.

2. Prevention against foreign aggression.

3. Prevention against disclosure of classified national information.

4. Prevention against corruption and investigation of vote-buying during elections.

5. Prevention against major economic crimes.

6. Prevention against narcotics.

7. Prevention against money laundering.

8. Prevention against computer crimes, information security authentication, and information and communication security management.

9. Coordinated prevention against organized crimes.

10. Investigations concerning domestic security.

11. Coordination and implementation of institutional infrastructure security operations and national infrastructure security details and related education.

12. Coordination and correspondence between related domestic or overseas institutions, international collaboration, national security investigation involving a foreign country, and assistance in investigating and tracking international crimes.

13. Collection, filing, research and analysis of cross-strait status and criminal activities.

14. Counseling, planning, and management regarding domestic security and criminal investigation and prevention.

15. Chemistry, documentation, physics, forensics and technology support.

16. Support in communication surveillance and management of evidence collecting devices.

17. Management of the Bureau’s properties, documents, files, cashier and general affairs.

18. Communications on the Bureau’s tasks, acceptance of petitions and reports, visit reception, news contact, public service, and other public affairs.

19. Audits of MJIB special agent ethics, supervision and inspection of operations.

20. National security and national interest-related investigations and infrastructure security upon special orders from higher-ranking authorities.

 Article 3 The Bureau has different divisions to take charge of respective tasks mentioned in the preceding article with the possibility of outsourcing to subordinate sections. These divisions include National Security Operation Division, Anti-Corruption Division, Economic Crime Prevention Division, Drug Enforcement Division, Anti-Money Laundering Division, Information & Communication Security Division, Domestic Security Investigation Division, Government Infrastructure Security Division, International Operations Division, Cross-Strait Status Research & Analysis Division, Confidential Human Source Division, Forensic Science Division, Communication Surveillance Division, Inspection Division, General Affairs Division and Public Affairs Office.

 Article 4 The Bureau is equipped with the Secretariat to take charge of the organization, control and audits of administrative plans and compilation of work reports, general comprehensive operations, meeting affairs, seals and matters not within the responsibilities of individual divisions and offices.

 Article 5 The Bureau has one Director General of the selected appointment rank of 13th to 14th grade to be in charge of the Bureau’s affairs while directing and supervising affiliate authorities and staff; two Deputy Directors General of the selected appointment rank of 12th grade to assist with the Bureau-related affairs.

 Article 6 The Bureau has one Secretary General and 15 division directors of the selected appointment rank of 11th to 12th grade; 24 to 36 senior specialists of the selected appointment rank of 10th to 11th grade; 30 deputy division directors of the selected appointment rank of 10th grade, 15 openings of which may be filled part-time by senior specialists; two office directors of the recommended appointment rank of 9th grade to the selected appointment rank of 10th grade; 27 to 36 secretaries, 15 to 21 inspectors, and 18 technical specialists of the recommended appointment rank of 8th to 9th grade, among whom 12 secretaries, 7 inspectors, and 6 technical specialists may be of the selected appointment rank of 10th grade; 65 to 75 section chiefs of the recommended appointment rank of 9th grade; 80 to 120 senior special agents of the recommended appointment rank of 8th to 9th grade; 15 to 25 specialists of the recommended appointment rank of 7th to 8th grade; 120 to 220 special agents of the recommended appointment rank of 6th to 8th grade; 65 to 90 section officers and 25 to 45 associate technical specialists of the designated appointment rank of 5th grade or of the recommended appointment rank of 6th to 7th grade; 100 to 125 junior officers of the designated appointment rank of 4th to 5th grade; and 50 to 70 clerks of the designated appointment rank of 1st to 3rd grade.

Before enforcement of the Act, current employees hired according to the Employee Management Rules and without the qualification of public functionaries may fill the position of clerk as mentioned in the preceding paragraph until resignation.

 Article 7 The Bureau’s Personnel Office has one director of the recommended appointment rank of 9th grade to the selected appointment rank of 10th grade to handle personnel management according to law. The remaining required number of staff shall be assigned in accordance with the authorized complement established in the Act.

 Article 8 The Bureau’s Accounting Office has one director of the recommended appointment rank of 9th grade to the selected appointment rank of 10th grade to handle annual budget, accounting and statistics according to law. The remaining required number of staff shall be assigned in accordance with the authorized complement established in the Act.

 Article 9 The Bureau‘s Civil Service Ethics Office has one director of the recommended appointment rank of 9th grade to the selected appointment rank of 10th grade to handle civil service ethics according to law. The remaining required number of staff shall be assigned in accordance with the authorized complement established in the Act.

 Article 10 For comprehensive research and analysis, assessment, preventive and regulatory studies of data of various criminal cases, the Bureau has set up a Research Commission with 15 to 21 members of the selected appointment rank of 11th to 12th grade. The Director General appoints a chairperson and a vice chairperson from the members. The remaining required number of staff shall be assigned in accordance with the authorized complement established in the Act.

To meet operating needs, the Bureau may establish various committees with prior reporting to the Ministry of Justice for approval. The required number of staff shall be assigned in accordance with the authorized complement established in the Act or filled by the existing staff.

 Article 11 For the staff mentioned in Article 5 to Article 10 with required official ranking or grades, follow the requirements established in Article 8 of the Public Functionaries Appointment Act in selecting applicable grades reflective of respective series.

 Article 12 The Bureau may report to a higher authority and ultimately to the Executive Yuan for approval of deploying staff based at important overseas governmental offices or institutions to take charge of institutional infrastructure security operations and foreign affairs pertaining to the Bureau’s functional responsibilities.

 Article 13 To implement national surveys and national infrastructure security operations, the Bureau may set up field divisions, field offices or field stations in individual provinces(municipalities), counties(cities) and important areas with their Rules of Organization to be established separately.

 Article 14 The Director General, Deputy Directors General and staff of the recommended assignment rank and above of the Bureau are considered judicial police officers defined in Article 229 of the Code of Criminal Procedure during criminal investigations.

Directors of field divisions, special agents in charge of field offices, special agents in charge of field stations and staff members of the recommended appointment rank and above of the Bureau in provinces(municipalities) and counties(cities) are considered senior judicial police officers defined in Articles 229 and 230 of the Code of Criminal Procedure during criminal investigations.

Staff members of the designed appointment rank at the Bureau and its subordinate agencies are considered junior judicial police officers defined in Article 231 of the Code of Criminal Procedure during criminal investigations.

 Article 15 When staff members of the Bureau perform duties according to law, they may ask judicial police authorities in respective areas for assistance by having the authorities dispatch assistants.

 Article 16 The Act shall come into force from the date of promulgation.

The Executive Yuan shall decide the enforcement date for the amended articles of the Act.