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Laws and Regulations Retrieving System

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Title Regulations for Home Visits by Prisoners and DefendantsCH
Announced Date 2020.07.15
Legislative 1.Promulgated on July 15, 2020
Article 1
These Regulations are established in accordance with Paragraph 3, Article 28 of the Prison Act and Paragraph 3, Article 23 of the Detention Act.
Article 2
The terms used in these Regulations are defined as follows:
1. Authority: Referring to prison or detention center under the Agency of Corrections of Ministry of Justice, including any branch or female unit set up by the prison, and any branch or female unit set up by the detention center.
2. Inmate: Referring to a prisoner or a detained defendant.
3. Senior Official: Referring to the head of an Authority under Subparagraph 1 and person authorized thereby.
Article 3
A home visit requested in accordance with Paragraph 1, Article 28 of the Prison Act and Paragraph 1, Article 23 of the Detention Act means when an Inmate is approved by the Senior Official to have a guarded home visit due to the decease of the Inmate’s grandparent, parent, spouse’s parent, spouse, child or sibling.
Article 4
A home visit requested in accordance with Paragraph 2, Article 28 of the Prison Act or Paragraph 2, Article 23 of the Detention Act means when an Inmate is approved by the supervisory authority following submission by the Authority to have a guarded home visit in case of the following major or special event that requires a home visit:
1. Risk of life of the Inmate’s grandparent, parent, spouse’s parent, spouse, child or sibling.
2. Serious harm suffered by the Inmate’s grandparent, parent, spouse’s parent, spouse, child or sibling due to any disaster listed in Subparagraph 1, Article 2 of the Disaster Prevention and Protection Act.
Article 5
To seek home visit under the preceding two articles, the Inmate or a family member or friend thereof shall file an application with the Authority. If the application is filed by a family member or friend, the Authority shall immediately forward the relevant documents received to the Inmate upon receipt, specifying the time of receipt and the time of forwarding, which shall be processed after the Inmate confirms his/her agreement to the home visit.
The application under the preceding paragraph shall be filed with the Authority before the below deadlines:
1. For home visit under Article 3, from the date of decease until 2 days before the funeral.
2. For home visit under Paragraph 1 of the preceding Article, within 3 days from the date of issuance of notice of critical condition by the medical institution or other document of proof showing that the life is at risk.
3. For home visit under Subparagraph 2 of the preceding Article, within 30 days from the occurrence of the disaster.
The Senior Official may waive the deadlines under the preceding paragraph for the application set forth in Paragraph 1, in case of traffic interruption or other major special events.
No more than one application for home visit shall be filed for the same event.
Article 6
To file an application for home visit in accordance with Article 3, the following documents shall be submitted:
1. Death certificate of the deceased.
2. Obituary or other document showing the date and location of the funeral.
3. Household registration or other relevant document showing the relationship between the Inmate and the deceased.
Article 7
To file an application for home visit in accordance with Subparagraph 1, Article 4, the following documents shall be submitted:
1. Diagnosis issued by the medical institution.
2. Notice of critical condition or other document of proof showing critical condition issued by the medical institution within the past 3 days.
3. Household registration or other relevant document showing the relationship between the Inmate and the person to be visited.
Article 8
To file an application for home visit in accordance with Subparagraph 2, Article 4, the following documents shall be submitted:
1. Diagnosis issued by the medical institution or other document of proof showing serious harm.
2. Document of proof showing that the visited person is subject to disaster listed under Subparagraph 1, Article 2 of the Disaster Prevention and Protection Act.
3. Household registration or other relevant document showing the relationship between the Inmate and the person to be visited.
Article 9
If the application documents submitted by the applicant in accordance with Articles 6 to the previous Article are incomplete, the Authority shall request supplemental submission within a designated period of time.
Documents under Articles 6 to the previous Article may be sent by fax, Internet or by other proper methods.
Article 10
Home visit applications shall be denied in the following situations:
1. The application is filed by a family member or friend and the Inmate disagrees.
2. The application or relevant document is not filed in accordance with Article 5 and the application cannot be completed or remains incomplete after the expiration of the designated period of time under the preceding Article.
3. The relationship between the visited person and the Inmate is not consistent with the requirement under Article 3 or Article 4.
4. The reason for the home visit is not consistent with the requirement under Article 3 or Article 4.
5. Home visit has been approved and completed for the same event.
6. The application is filed after the deadline under Paragraph 2, Article 5.
7. Forgery or alteration of any document under Articles 6 to 8.
8. The time required to travel back and forth between the location of home visit and the Authority clearly exceeds 24 hours.
9. There are facts showing concerns over escape during approved home visit or serious threat to public order or social security.
When an Authority processes an application under Article 4, unless it deems that the application should not be approved due to any of the events under the preceding paragraph, the relevant documents shall be submitted to the supervisory authority as soon as possible for further handling.
Article 11
After the date and location of the Inmate’s home visit is approved, if there is justification showing that a change must be made in order for the home visit to take place, the change shall be subject to the approval of the Senior Official if the application is filed in accordance with Article 3, or is subject to the approval of the supervisory authority if the application is filed in accordance with Article 4.
Article 12
The Inmate shall solely bear personal travel cost and other necessary cost incurred from home visit.
Article 13
Approved home visit may be cancelled if there is any of the following events:
1. The Inmate withdraws the application or consent.
2. The reason for home visit under Article 3 or Article 4 ceases to exist or the home visit is no longer necessary based on objective facts.
3. During travel to the home visit, the Inmate has any event under Subparagraphs 1 to 4, Paragraph 1, Article 25 of the Prison Act or Subparagraphs 1 to 4, Paragraph 1, Article 20 of the Detention Act.
4. During travel to the home visit, there is natural disaster, accident, unexpected incident or other event of force majeure that renders the home visit impossible.
If the home visit is approved by the Senior Official, the cancellation under the preceding paragraph shall be made by the Authority. If the home visit is approved by the supervisory authority following submission by the Authority, the Authority shall make an immediate report to the supervisory authority to cancel in accordance with the preceding paragraph.
Article 14
After a defendant acquires approval for home visit, a notice shall be given by the detention center to the prosecutor if the defendant is pending investigation, or by the detention center to the court that made the ruling for detention if the defendant is pending trial.
If a prosecutor or court deems that the application or approval of a home visit will interfere with the litigation proceeding, the detention center shall handle properly upon receipt of a notice.
Article 15
These Regulation may apply mutatis mutandis to home visits by people under observation or rehabilitation, people under drug rehabilitation treatment, people subjected to compulsory labor, people subjected to reformatory education, juvenile inmates and people under custody.
Article 16
These Regulations shall take effect as of July 15, 2020.
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