These Regulations are established in accordance with Paragraph 2, Article 78 of the Detention Act (hereinafter referred to as the Act).
The terms used in these Regulations shall be defined as follows:
1. Detention center: Referring to any detention center under the Agency of Corrections, Ministry of Justice, including any branch or female detention center set up by the detention center.
2. Detention center official: Referring to the head of a detention center under the preceding paragraph and the person authorized thereby.
3. Detention center officer: Referring to the relevant officer that processes guard and security activities of a detention center under Subparagraph 1.
4. Defendants who have been transferred to a violator’s cell: Referring to defendants who have been punished in accordance with Subparagraph 4, Paragraph 1, Article 78 of the Act.
5. Violation conduct: Referring to acts adversely affecting the order or security of the detention center as referred to in Paragraph 1, Article 78 of the Act.
6. Family members: Referring to persons who cohabit with a defendant for the purpose of living together on a permanent basis in accordance with Articles 1122 and 1123 of the Civil Code.
7. Nearest relatives: Referring to the defendant’s spouse, lineal family, non-lineal family within 3 degrees of kinship, or marital family within 2 degrees of kinship.
The category of “violation conduct”, the term referred to in Subparagraph 5 of the preceding article, and the punishment thereof are shown in the Appendix.
The punishment imposed by the detention center on the defendant shall be based on the severity of the violation conduct along with the deliberation of the following matters:
1. The motivation and purpose behind the conduct;
2. Stimuli received for the conduct;
3. Means of the conduct;
4. The usual situation of the defendant;
5. The danger or damage to the order or security of the detention center caused by the defendant’s conduct; and
6. The defendant’s attitude after the conduct.
Detention centers may make good use of restorative justice strategies in the procedure for handling defendants’ violation conduct.
Where one act constitutes multiple violation conducts which shall be punished individually, the punishment therewith shall be dealt with collectively by picking among those individual punishments whichever is the most severe.
Where several acts constitute a single identical or multiple different violation conducts which shall be punished individually, the punishment therewith shall be dealt with separately.
In the procedure of investigation of the violation incident, interviews with the defendant or relevant personnel shall be recorded in writing and by audio, and furthermore by video if necessary.
The records mentioned in the preceding paragraph shall be signed on or affixed with the fingerprint of the interviewee for confirmation. Where the interviewee refuses or fails to sign, the reason therewith shall be clearly noted in the record.
While making statement in accordance with Paragraph 1, Article 79 of the Act, the defendant shall opt to make such statement in writing or by verbal where if such statement is made by verbal. If such statement is made by verbal, the detention center officer shall transcribe it into written record accordingly. Once the detention center officer has the defendant heard clearly or read such written transcripts, the defendant shall sign on the transcript or affix the transcript with the defendant’s fingerprint if the content of the transcript is confirmed to be accurate.
Where the defendant refuses or fails to sign on the record in the preceding paragraph, the reason therewith shall be clearly noted in the record.
Where the defendant makes no statement/comments, the detention center officer shall still clearly note so in the report of punishment accordingly.
With respect to imposition of punishment on the defendant, the detention center officer shall make a report of punishment on the defendant.
Once the report of punishment on the defendant in the preceding paragraph is approved by the detention center official, a notice of punishment on the defendant shall be made (in triplicate) by the detention center, where the first copy shall be signed for by and handed to the defendant oneself, and if the defendant refuses or fails to sign for such notice, the reason therewith shall be clearly recorded; the second copy shall be served to the designated family members or nearest relatives, where there are multiple families or closest families, notification served to only one of the members shall be sufficient, as well as where the family members or nearest relatives cannot or fails to be served, then service of the notice shall not be necessary; and the third copy shall be kept in the detention center for record.
For punishment with a given period, the start date of the punishment shall be the date upon the service of the notice of punishment to the defendant; whereas the end date of the punishment shall be the last day of the given punishment period.
Where multiple punishments are to be imposed on the defendant by the detention center in accordance with Paragraph 1, Article 78 of the Act, all punishments shall be enforced on the same day.
Where the punishments mentioned in the preceding paragraph cannot be enforced on the same day, the reason therewith shall be clearly noted and approved by the detention center official before multiple punishments shall be enforced separately.
For the enforcement of punishment to be waived, postponed, or suspended in accordance with the Paragraphs 2 and 3, Article 79 of the Act, it shall be subject to the approval of the detention center official. Likewise, for the enforcement of punishment is to be abolished, withdrawn, or terminated in accordance with Article 80 of the Act, it shall be subject to the approval of the detention center official.
Detention centers shall be set up with violator’s cells. The defendants relocated into a violator’s cell shall be detained separately from other defendants.
Upon the defendant’s relocation into a violator’s cell, the detention center officer shall confirm the identity of the defendant and verify the relevant documents of punishment approved by the detention center official.
Upon the defendant’s relocation into a violator’s cell, the detention center officer shall inform the defendant of the enforcement period, and fill in a log of relocation of the defendant into a violator’s cell by observing the defendant on a daily basis during the enforcement.
The detention center may allocate violator’s cells as per its management needs, while taking the note thereof in writing.
Detention centers shall provide counseling to the defendants relocated into the violator’s cell, and may increase the frequency of individual counseling to promote their compliance with the discipline.
Detention centers shall schedule appropriate sports and activities for defendants relocated into the violator’s cell, and corporal punishment shall be strictly prohibited.
Detention centers shall set a daily routine for the violator’s cell and report to the supervisory authority for approval before implementation.
Matters for attention to defendants relocated into the violator’s cell by the detention center shall include the following:
1. The detention center shall inspect the defendant’s body, clothing, and the belongings carried.
2. The detention center shall pay attention to the defendant’s physical and mental conditions at all times.
3. The detention center shall distribute food and goods fairly without discriminating the defendant relocated into the violator’s cell from other defendants.
4. The detention center shall provide the defendant with adequate living facilities for use.
5. The period for turning on electric fans or exhaust blowers in the violator’s cell shall not be shortened or the use of such facilities shall not be restricted for no reason.
The living treatment and control for the defendant relocated into the violator’s cell shall be as follows:
1. The defendant shall stop to work.
2. The defendant shall wear designated clothing.
3. No smoking shall be allowed.
4. Possession and use of electronic appliances shall be prohibited except for the electric razor which is to be distributed as needed for use.
5. Items purchased at the defendant’s own expense shall be limited to daily necessities.
Except for the living treatment and control for the defendant specified in the preceding paragraph, the provisions of the Act shall be applicable to other living treatment and control for the defendant relocated into the violator’s cell.
When the defendant relocated into a violator’s cell is arraigned or transferred to another detention center, the written record specified in Paragraph 1, Article 15 shall be handed over from the transferring-out detention center to the transferring-in detention center, while the transferring-in detention center shall continue to enforce the remaining outstanding days of punishment.
For defendant’s conduct of adversely affecting the order or security of the detention center before these regulations take effect, if such conduct has not yet been finalized with punishment, these regulations shall apply to the conduct.
These Regulations shall take effect as of July 15, 2020.