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Title Criminal Code of the Republic of ChinaCH
Date 2022.02.18
Legislative Amendment to Article 87、98 promulgated on February 18, 2022
Content

Article 87

A person who is not punished for a cause prescribed in Paragraph 1 of Article 19 may be committed to a suitable establishment or appropriate means for custodial protection if the circumstances are sufficient to make it believe that he might repeat the offense or against public safety.

If a person has the circumstances prescribed in paragraph 2 of Article 19 and Article 20 and the circumstances are likely to make it believe that he might repeat the offense or against public safety, he may be committed to a suitable establishment or appropriate means for custodial protection after the execution or remission of the punishment. This custodial protection may be done before the execution of punishment if necessary.

The period of custodial protection prescribed in the preceding two paragraphs shall be less than five years. Before expiration of execution period, the prosecutor may apply to the court for extension thereof if he considers such extension is necessary. The period of first extension shall be less than three years, and periods of the second extension and subsequent extension shall be less than one year, respectively. However, the court may order remission of the punishment during the execution if it believes the execution needs not to be continued.

During the period of execution or extension, whether or not the execution needs to be continued shall be evaluated each year. 

Article 98

If rehabilitative measures announced under paragraph 2 of Article 86 and paragraph 2 and paragraph 3 of Article 87 call for execution of imprisonment first, the court may remit the execution if it believes that this is unnecessary after the punishment is executed or remitted. In a case which calls for execution of rehabilitative measures first, the court, after having executed the measures or remitted part of the measures, may remit the whole or part of the periods of imprisonment if it believes that the execution is unnecessary.

If the rehabilitative measures are announced in pursuance to paragraph 1 of Article 88 or paragraph 1 of Article 89, the court, after having executed the measures or remitted part of the measures, may remit the whole or part of the periods of imprisonment if it believes that the execution is unnecessary.

If temporary placement is announced in pursuance to paragraph 1 or the first part of paragraph 3 of Article 121-1 of the Code of Criminal Procedure, the court, after having executed the temporary placement, may remit the whole or part of the periods of imprisonment if it believes that the execution is unnecessary.

The remission of execution prescribed in the preceding three paragraphs shall be limited to imprisonment or short-term imprisonment.

 

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