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Laws and Regulations Retrieving System

Print Time:111.11.29 01:38

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Title Rehabilitative Disposition Execution ActCH
Date 2022.02.18
Legislative Amended on February 18, 2022
Content

Article 46

With regard to those who are sentenced to the disposition of custody under circumstances prescribed in Paragraph 1 or 2 of Article 19, or Article 20 of the Criminal Code, the prosecutor shall, according to respective circumstances, designate the execution in one or several manners specified in the following subparagraphs:

1.Order them to accept treatments in judicial psychiatric hospital, hospital, or other psychiatric medical institution.

2.Order them to accept psychiatric care or rehabilitation in psychiatric rehabilitation institution or psychiatric care institution.

3.Order them to accept care or guidance in physically/mentally disabled welfare institution or another appropriate place.

4.Have them be cared by their statutory agents or most close relatives.

5.Accepting special outpatient treatment.

6.Other appropriate treatment measures.

In executing those prescribed under the preceding paragraph, the prosecutor may request the various levels of competent authorities of health, police and social welfare to designate personnel for assistance or matters of coordination.

Article 46-1

For the execution of the custodial disposition, the prosecutor may consider the opinion of the evaluation team before designation of the manner of execution specified in Paragraph 1 of the preceding Article.

During the period of execution of the custodial disposition, if it deems necessary, the prosecutor may change the manner of execution ex officio or upon application of the designated personnel under various subparagraphs of Paragraph 1 of the preceding Article. In making such change, the opinion of the evaluation team may be considered.

The composition of the evaluation team under preceding two paragraphs, the qualification and appointment (removal) of team members, evaluation procedures and regulations on other relevant matters shall be determined by the Ministry of Justice.

Article 46-2

During the period of execution of the custodial disposition, the prosecutor shall, within the period specified in Paragraph 4 of Article 87 of the Criminal Code, refer the person under imprisonment to the evaluation team specified in Paragraph 3 of the preceding Article for evaluation as to whether or not the execution needs to be continued.

In response to the application for extension or remission of the execution of such disposition, the prosecutor may consider the evaluation opinion under the preceding paragraph, and may consult the opinion of the designated personnel under various subparagraphs of Paragraph 1 of Article 46, the close relative, physician, psychologist, occupational therapist, nursing personnel, guidance personnel, social worker, or other professional.

Article 46-3

Within three months before expiration of the period of custodial disposition, the prosecutor office shall convene a transition meeting to transit the person that is sentenced to the disposition of custody to the competent authorities of local health, police, social welfare, education or labor. Such competent authorities shall, according to its powers and responsibilities, provide the person that is sentenced to the disposition of custody with the service of medical care, employment, schooling, home care, psychological therapy, psychological counseling, and other community care.

The competent authorities of local health, police, social welfare, education and labors of the municipal or the county (city) government shall designate their personnel to participate in the meeting under the preceding paragraph. If they believe that the person that is sentenced to the disposition of custody is under jurisdiction of other place, they shall participate in the meeting under the preceding paragraph first, and then transit the subject to the competent municipal or county (city) government for the subsequent process.

In convening the meeting under the preceding paragraph, the prosecutor office shall notify the rehabilitation protection association to participate in the meeting. The rehabilitation protection association may handle the protection matters in accordance with the Rehabilitation Protection Act.

Article 47

(Deleted)

Article 71

Where custody is replaced with probation, the person subject to probation shall be caused to continue and complete the treatment, psychological guidance or other appropriate treatment measures, and attention shall be paid to his mental and physical conditions, actions, and convalescence.

The probation officer may transfer the person subject to custody replaced with probation to appropriate group or institution.

 

 

Data Source:Laws and Regulations Retrieving System