| Chapter 1 General Principles |
| Article 1 | Unless otherwise provided in other laws, rehabilitative disposition execution shall be governed by this Act. |
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| Article 2 | Places of rehabilitative disposition execution are as follows:
1. Places for reformatory education and compulsory work; and
2. Places for custody, abstention, and compulsory treatment.
The places of rehabilitative disposition execution as referred to in the preceding paragraph shall be established by the Ministry of Justice. If necessary, the Ministry may request the Executive Yuan to coordinate with relevant central competent authorities to establish such places, or appoint, entrust or mandate other agency (institution) to establish or handle such places.
The enforcement of rehabilitative disposition execution shall be directed and supervised by the Ministry of justice. |
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| Article 3 | The Ministry of Justice shall dispatch personnel to inspect the places of rehabilitative disposition execution at least once a year and may authorize the prosecutors office of each High Court to dispatch personnel for inspection at any time.
Prosecutors shall inspect the execution of rehabilitative disposition at any time. If there is anything needed to be improved, the prosecutors may give suggestions and may report to the Ministry of Justice as a special case. |
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| Article 4 | Rehabilitative disposition execution shall be done in accordance with judgments.
With regard to those who are subject to custody, abstention, and compulsory treatment, when deemed necessary, the court may declare rehabilitative disposition prior to the judgment.
With regard to those who are subject to custody, abstention, and compulsory treatment, if deemed necessary to implement rehabilitative disposition during the investigation, the prosecutor may also apply to the court for rulings.
With regard to the rulings referred to in the preceding two paragraphs, a charge may be filed within five (5) days after the ruling is served.
A charge shall not have the effect to stop the execution. However, the original court and the court of motion against rulings may both cease the execution with rulings. |
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| Article 4-1 | Those who are sentenced to multiple rehabilitative dispositions shall be executed as follows:
1. With regard to multiple reformatory educations, if the dispositions have the same duration, one of which shall be executed; if with different durations, the longest one shall be executed; if one disposition has an uncertain duration, it shall be executed.
2. With regard to multiple custodies sentenced for the same reason, if the dispositions have the same duration, one of which shall be executed; or if with different durations, the longest one shall be executed. With regard to multiple custodies sentenced for different reasons, the most suitable disposition shall be executed; if the purpose cannot be achieved unless all of the dispositions are executed, such dispositions may be separately or simultaneously executed.
3. With regard to multiple abstentions sentenced for the same reason, if the dispositions have the same duration, one of which shall be executed or if with different durations, the longest one shall be executed. With regard to multiple abstentions sentenced for different reasons, the dispositions shall be executed simultaneously. If the dispositions may not be simultaneously executed, they shall be executed respectively.
4. With regard to multiple compulsory works, the provisions of Subparagraph 1 shall be followed.
5. With those that are sentenced to the compulsory work in addition to the reformatory education, only the compulsory work shall be executed.
6. With regard to multiple probation with the same duration, one of which shall be executed; or if with different durations, the longest one shall be executed. However, if additionally sentenced to probation during the probation or parole, the dispositions shall be simultaneously executed.
7. With those that are sentenced to the reformatory education or compulsory work in addition to the probation, only the reformatory education or compulsory work shall be executed.
8. With regard to multiple compulsory treatments sentenced for the same reason, one of which shall be executed. With regard to multiple compulsory treatments sentenced for different reasons, the dispositions shall be executed simultaneously. If the dispositions may not be simultaneously executed, they shall be executed respectively.
9. With those that are sentenced to the abstention or compulsory treatment in addition to the custody, the dispositions shall be executed simultaneously. If the dispositions may not be simultaneously executed, they shall be executed respectively.
10. With those that are sentenced to the reformatory education or compulsory work in addition to the abstention, custody, or compulsory treatment, the custody, abstention, or compulsory treatment shall be executed first. However, if the enforcement of the reformatory education or compulsory work is not interfered, the dispositions shall be executed simultaneously.
11. With regard to multiple rehabilitative dispositions, if one of which is deportation, only such a disposition of deportation shall be executed.
After the rehabilitative disposition is executed and before the enforcement is complete, if the same disposition is declared, the original disposition shall be executed continuously. However, if the court prosecutor of the said disposition deems the latter disposition appropriate, he/she may apply to the court for rulings to enforce the latter rehabilitative disposition.
Dispositions executed in accordance with the preceding two paragraphs, which are supposed to be prior to the execution of punishment, shall be executed prior to the execution of punishment. Those that are supposed to be after the execution of punishment or pardon shall be executed after the execution of punishment or pardon. |
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| Article 5 | With regard to the rehabilitative disposition execution, the prosecutor shall order the judiciary police or judiciary police officers to deliver the person under imprisonment along with the written judgment and required documents to the rehabilitative disposition place.
Except for reformatory education, Article 469 of the Code of Criminal Procedure shall apply mutatis mutandis with respect to the rehabilitative disposition execution. |
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| Article 6 | After the inspection, with those persons executed that suffer from acute contagions or major illnesses, the prosecutor may not order the delivery and shall, based on the situation, deliver those persons to a hospital for treatment or commit the custody to a relevant person. However, if it is found that the body of the person under imprisonment is deformed, disabilities, or has chronic illness, so that he/she is not suitable for compulsory work, the prosecutor may apply to the court for rulings to exempt the execution of the disposition.
The forepart of the preceding paragraph shall apply mutatis mutandis with regard to those that are pregnant for more than five (5) months or have given birth less than two (2) months ago. |
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| Article 7 | Rehabilitative disposition places may refuse to execute, when the person under imprisonment is under the circumstances referred to in the preceding article.
However, the rehabilitative disposition places shall deliver the person to a hospital for treatment or commit the custody to a relevant person and shall also inform the prosecutor. |
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| Article 8 | When the person under imprisonment enters the rehabilitative disposition place, the written judgment and required documents shall be examined. When the documents are incomplete, the prosecutor may be informed to make supplementary delivery. |
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| Article 9 | When the person under imprisonment enters the rehabilitative disposition place, his personal relationships, reasons for the crime, aptitude and behavior, motivation, circumstances, academic files, experience, physical and mental conditions, and other affairs as the reference for the rehabilitative disposition shall be investigated. The person under imprisonment shall also be ordered to leave his/her fingerprints or have his/her photo taken as identification.
With respect to the investigation referred to in the preceding paragraph, the rehabilitative disposition place may request agencies, organizations, or individuals to submit reports. |
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| Article 10 | With those that are sentenced to reformatory education or compulsory work, in order to encourage them to improve themselves, they shall be graded and handled with the progressive treatment. |
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| Article 11 | When the person under imprisonment enters the rehabilitative disposition place, his body and the belongings taken along shall immediately be inspected.
Where the belongings referred to in the preceding paragraph need to be put under the custody, the rehabilitative disposition place shall register the said belongings and keep them. Except when the person has justified cause, he/she may use the whole or partial belongings. The belongings shall be returned to the person under imprisonment when the execution is complete. Where the belongings are not suitable to be put under the custody, his/her family members shall be informed to collect them. If the belongings are not collected, they may be confiscated or discarded.
Belongings that are sent by the person outside of the rehabilitative disposition place shall be subject to the preceding two paragraphs. |
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| Article 12 | When the person under imprisonment is deceased, his/her closest relatives or family members, or other entitled persons shall be informed to collect the belongings left behind. If the belongings are not collected after one (1) year from the day the person under imprisonment is deceased, they shall be confiscated by the National Treasury. This provision shall also apply with regard to those who have escaped for one (1) year and have not yet been arrested. |
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| Article 13 | When the person under imprisonment enters the rehabilitative disposition place, he/she shall be informed of the affairs to abide by. |
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| Article 14 | When the person under imprisonment does not accept the action given by the rehabilitative disposition place, a complaint may be filed by the person under imprisonment with the supervision agency through the chief official of the rehabilitative disposition place.
When receiving the complaint referred to in the preceding paragraph, the chief officer of the rehabilitative disposition place shall immediately report it to the supervisory agency in charge. |
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| Article 15 | Places of rehabilitative disposition execution shall enforce proper security under different circumstances; the security personnel may take necessary measures for restraining or excluding hazard.
Regulations on the conditions and the methods of the security enforced by places of rehabilitative disposition execution under the preceding paragraph, the qualifications, selection of security personnel, and the kinds and restriction of necessary measures taken and other relevant matters shall be prescribed by the Ministry of Justice. |
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| Article 16 | The rehabilitative disposition place shall invite public and private agencies and organizations, or appoint experts in criminology, psychology, sociology, and education to assist in improving its operations. |
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| Article 17 | The rehabilitative disposition place shall provide the person under imprisonment with good, clothing, and other necessities to maintain physical health. However, the expenses required for the execution of reformatory education and abstention or compulsory treatment may be collected form the person under imprisonment or the person bound to furnish support under taking into account of the situation. With those who cannot afford the expenses, the rehabilitative disposition place shall still provide pursuant to the general standards.
The person of the rehabilitative disposition execution shall not have tobacco and alcohol. However, if a person executed is not subject to reformatory education and is over eighteen (18) years old, he/she may have cigarettes during the designated period and place.
The rehabilitative disposition place shall give appropriate reward to those who quite smoking.
Regulations governing the administration of smoking and reward for quitting shall be prescribed by the Ministry of Justice. |
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| Article 18 | With those who suffer from illness, the rehabilitative disposition place shall give immediate medical treatment and necessary protection. After diagnosed by a physician, if the physician deems that it is necessary for the person under imprisonment to cease working, the work shall be ceased.
Where the rehabilitative disposition place deems that no proper medical treatment can be provided or no relevant medical equipment is available with regard to the illness from which the person under imprisonment suffers, the rehabilitative disposition place may apply to the supervisory agency for approval to transfer the person to a hospital or allow the person to be bailed out for medical treatment. The execution shall be continued after the illness is cured.
Where the rehabilitative disposition place deems the situation urgent and that it is unable to provide relevant medical treatment, it may proceed with the disposition referred to in the preceding paragraph first and report for approval afterwards.
The period when the person under imprisonment is bailed out for medical treatment shall not be counted as the execution period of his/her rehabilitative disposition.
Paragraphs 2 to 4 hereof shall apply mutatis mutandis with regard tot hose who are pregnant for over five (5) months or have given birth less than two (2) months ago. |
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| Article 19 | Where the person under imprisonment refuses to eat and remains the same after advised, and his/her life is thereby in danger, a physician may giver compulsory nutrition to the person. |
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| Article 20 | Those who suffer from illness may call a doctor to diagnose and give treatment at his/her own expense. The rehabilitative disposition place shall grant its approval. |
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| Article 21 | The rehabilitative disposition place, except for preventing the person under imprisonment from escaping, committing suicide, violent behaviors, or other actions that violate the discipline, shall administer without impeding the development of his/her personalities. |
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| Article 22 | The rehabilitative disposition place shall allow the person under imprisonment to meet with his/her family members and friends.
The name, age, residence, and occupation of the person applying to visit the person under imprisonment, the name of the person under imprisonment, their relationship, and the reason of the visitation shall be registered.
When requesting for a visitation, if deemed harmful to the discipline of the rehabilitative disposition place or the interests of the person under imprisonment, the request shall be denied. |
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| Article 23 | Unless otherwise provided in other laws, the visitation shall be monitored. If any of the circumstances prescribed under Paragraph 3 of the preceding article occurs during the visitation, such a visitation shall be ceased. |
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| Article 24 | There shall not be over two (2) visitations per week. Each visitation shall be limited to thirty (30) minutes. However, with the special approval granted by the chief of the rehabilitative disposition place, the visitations may be increased or extended. |
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| Article 25 | Letters sent and received by the person under imprisonment shall be examined. Where the content of the letters hinders the discipline of the rehabilitative disposition place, under different circumstances, the letters shall not be sent or received, or the content shall be deleted prior to the delivery or receipt. |
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| Article 26 | With regard to the person under imprisonment whose execution is complete, the rehabilitative disposition place shall release the person by noon of the day when the execution is complete, unless otherwise provided in other laws.
The aftercare affairs after the release shall be investigated when the person under imprisonment first enters the rehabilitative disposition place and shall be re-investigated prior to the release. The rehabilitative disposition place shall also keep close contact with the aftercare agencies or organizations. It shall plan the affairs concerning the occupational recommendation or consultation and the maintenance of the basic necessities of life after the release in advance and shall give proper solutions.
The aftercare affairs referred to in the preceding paragraph, except for those to be borne by the rehabilitative disposition place, designated organizations, or the closest relative of the person under imprisonment, shall be handled by the judiciary aftercare organizations. |
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| Article 27 | With regard to the person under imprisonment that is to be released, if the person has no clothing or traveling expenses, the rehabilitative disposition place shall provide appropriate clothing and expenses. Where the person requests to stay for medical treatment due to serious illness, the rehabilitative disposition place shall grant the request and shall inform his/her closest relatives, family members, or other appropriate persons. |
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| Article 28 | Where a rehabilitative disposition has a certain duration, if the execution is deemed unnecessary to be continued before the end of the period, unless otherwise provided in other laws, the rehabilitative disposition place shall apply to the prosecutor of the court that orders the execution for the exemption of the disposition. If the execution is deemed necessary to be extended, the rehabilitative disposition place may apply to the prosecutor of the court that orders the execution for the extension of the disposition.
When the rehabilitative disposition place makes the application referred to in the preceding paragraph, it shall state facts and explain the reasons based on the records of the monthly grades and scores of the person under imprisonment.
With regard to the judge made by the court in accordance with the application referred to in Paragraph 1, an appeal may be filed within five (5) days. A re-appeal may be filed against the judge made by the court |
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| Article 29 | Where the person under imprisonment is deceased during the execution or the execution is complete, the rehabilitative disposition place shall report to the prosecutor of the court that orders the execution. Where the person under imprisonment escapes during the execution, the rehabilitative disposition place shall immediately report to the prosecutor to arrest or order an arrest. |
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| Chapter 2 Reformatory Education |
| Article 30 | The reformatory education shall be enforced in a schooling manner in conjunction with military management. With those that are under fourteen (14) years old, the education shall be enforced in a family manner.
The rehabilitative disposition place shall respectively establish teachers, technicians, physicians, and counselors to handle various affairs. |
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| Article 31 | With regard to the enforcement of reformatory education, the persons executed shall be divided into classes according to their gender, age, aptitude personality, knowledge degree, and physical and mental conditions. |
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| Article 32 | Reformatory education shall emphasize the cultivation of ethics and the necessary knowledge and skills of life. |
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| Article 33 | The person under imprisonment may have religious exercises, prayers, or other appropriate rituals based on his/her religion, but shall not impede the discipline. |
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| Article 34 | The class hours of the reformatory education shall be decided upon the age of the person under imprisonment. It shall be limited to four (4) to six (6) hours per day. |
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| Article 35 | The reformatory education place shall have leisure facilities. |
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| Article 36 | Courses and operations of the reformatory education shall be prescribed by the Ministry of Justice in conjunction with the Ministry of Education and the Ministry of the Interior.
When the reformatory education is complete, the local agencies of educational administration may examine the academic degree of the person under imprisonment and issue a certificate. |
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| Article 37 | The reformatory education place shall establish a simple workshop for the person under imprisonment to participate in proper works.
The working hours time as referred to in the preceding paragraph shall be two (2) to four (4) hours per day. However, those that are under fourteen (14) years old or have special conditions and are not suitable for the works may be exempted from the works. |
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| Article 38 | The progressive treatment shall be divided into four (4) grades with the fourth (4th) grade as the lowest grade.
If with good morality and being suitable for joint living, the person under imprisonment may be graded as the third (3rd) grade. |
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| Article 39 | Where the person under imprisonment achieves the first (1st) grade with the execution of over one (1) year, the chief of the reformatory place may submit relevant evidence to the superior agency for approval and notify the prosecutor to transfer the application to the court for judge to exempt the execution. |
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| Article 40 | Where the person under imprisonment achieves the second (2nd) grade with the execution of over one (1) year, the provisions of the preceding article may apply mutatis mutandis to suspend the execution of his/her reformatory education disposition. However, when the execution is suspended, the person under imprisonment shall be subject to probation.
During the period when the execution is suspended as referred to in the preceding paragraph, if the person under imprisonment seriously violates the rules of probation, the court may, upon the request of the prosecutor, revoke the probation regarding the suspension of the execution.
After the judge regarding the suspension of the execution is revoked, the period when the execution is suspended shall not be counted into the execution time of the reformatory education. |
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| Article 41 | When nine-tens (9/10) of the execution time of the person under imprisonment has passed and he/she still cannot achieve the third (3rd) grade, the chief of the reformatory education place shall state the facts along with relevant evidence and submit the same to the prosecutor to apply to the court for judge to extend the duration of reformatory education. |
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| Article 42 | Where the person under imprisonment works during the duration of reformatory education, labor wages shall be issued monthly based on his/her performance.
With regard to the payment of labor wages referred to in the preceding paragraph, one-second (1/2) of the monthly wages may be freely utilized while the rest shall be kept by the reformatory education place till the person under imprisonment is released from the rehabilitative disposition place. |
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| Article 43 | If the person under imprisonment that is on bail fails to report for the execution after notified by the prosecutor, he/she may be forced to report for the execution. The starting date of the reformatory education period shall be the date when the person under imprisonment reports for the execution. |
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| Article 44 | When escorting the person under imprisonment to report for the execution, a warrant shall be employed.
The warrant shall contain the following affairs:
1. The name, gender, age, the province or county of his/her family register, residence, or other characteristics of the person under imprisonment sufficient to distinguish.
2. Causes.
3. The reason to issue the warrant.
The warrant shall be signed by the prosecutor and delivered to the judiciary police to bring the person under imprisonment to report for the execution. |
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| Article 44-1 | When the whereabouts of the person under imprisonment is unclear, relevant agencies may be requested for assistance.
In the event of assisting in searching for the person under imprisonment, a searching assistance letter shall be employed to inform each court, prosecutor, and judiciary police agency. However, the searching shall not be made public through an announcement, publishing in the newspapers, or other means.
The searching assistance letter shall contain the following affairs and be signed by the prosecutor:
1. The name, gender, age, the province or county of his/her family register, ID card number, residence, and other characteristics of the person under imprisonment sufficient to distinguish. However, the province or county of his/her family register, ID card number, and residence may be exempted if unclear.
2. The content of the incident.
3. The reason of the assistant search.
4. The place the person under imprisonment shall be delivered.
After the person under imprisonment is found, the prosecutor, judiciary police officer, and judiciary police may directly escort him/her to the place he/she should be delivered.
When the reason of the searching assistance no longer exists or is obviously unnecessary, the searching shall be immediately canceled. Paragraph 2 hereof shall apply mutatis mutandis with regard to the notification of cancellation. |
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| Article 45 | Regulations governing the progressive treatment of reformatory education shall be prescribed by the Ministry of Justice.
Operational rules of reformatory education shall be prescribed by the Ministry of Justice in conjunction with the Ministry of Education and the Ministry of the Interior. |
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| Chapter 3 Custody |
| 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. |
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| 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. |
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| 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. |
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| 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. |
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| Article 47 | (Deleted) |
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| Article 48 | After ordering the execution, the prosecutor shall inspect the person that is sentenced to the disposition of custody at least once a month and shall make records. |
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| Chapter 4 Abstention |
| Article 49 | Places where the disposition of abstention is executed shall establish physicians and proper therapeutic equipment. |
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| Article 50 | Places where the disposition of abstention is executed shall fully practice the treatment and pay attention to the physical health of the person under imprisonment. |
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| Article 51 | During the execution of the abstention, if the person under imprisonment is still engaged in drugs, the abstention execution place shall immediately report to the prosecutor that orders the execution. |
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| Chapter 5 Compulsory Work |
| Article 52 | Places where the compulsory work is enforced shall respectively establish workshops or farms under taking into account of the local society and environment. When deemed necessary, the person under imprisonment may work at a public or private factory, farm, and other working places outside of the compulsory work place after the supervisory agency grants the application. |
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| Article 53 | With regard to the enforcement of compulsory work, the gender, age, physical health, knowledge, family status, original skills, and the duration of rehabilitative disposition of the person under imprisonment shall be considered for the administration and the stipulation of courses. The enforcement is to train the living skills of the person under imprisonment, help him/her be used to physical labor, and provide him/her with the ability to obtain employment. |
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| Article 54 | The period of compulsory work shall be six (6) to eight (8) hours per day and shall be determined upon the consideration of the work type, facility status, and other circumstances. Cooking, cleaning, safekeeping, and other affairs at the working places shall be deemed as working. |
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| Article 54-1 | Days when the work shall be ceased are as follows:
1. National holidays.
2. Seven (7) days if a lineal relative or spouse is deceased. Three (3) days if a collateral relative within the third (3rd) degree of kinship is deceased.
3. Other circumstances if deemed necessary.
Regarding cooking, cleaning and other emergent works, the work shall not be ceased, except for the circumstances prescribed in Subparagraph 2 of the preceding paragraph.
Three (3) days after sent to the compulsory work place and seven (7) days prior to released, the person under imprisonment may be exempted from work. |
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| Article 55 | Rehabilitation, education, and living knowledge shall be given to the person sentenced to the disposition of compulsory work to enlighten him/her on the concept of national responsibility. |
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| Article 56 | The rehabilitation and education referred to in the preceding article may be enforced through different types or in an individual manner and shall be limited to two (2) hours a day. It may also employ movies and music as supplementary tools and lectures given by people with moral and scholarly prestige. |
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| Article 56-1 | Where the person under imprisonment works during the disposition of compulsory work, labor wages shall be issued. The amount of the wages shall be based on his/her behaviors and working performance.
If there is any concrete fact that shall be rewarded with regard to the operation referred to in the preceding paragraph, a reward shall be granted to the person under imprisonment. |
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| Article 57 | Article 38, Article 40, Article 41, Article 42, Paragraph 2, and Article 45 hereof shall apply mutatis mutandis to this Chapter. |
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| Article 57-1 | The operation income from the prison camps minus cost shall be drawn fifty percent (50%) as labor wages, and the total amount of the labor wages shall be drawn twenty-five percent (25%) as sum of indemnity for victims of crime.
The surplus of the operation income referred to in the preceding paragraph shall be drawn thirty percent (30%) as extra food expenses of the persons executed, five percent (5%) as rewarding expenses for the persons executed and five percent (5%) as rewarding expenses for work administrators. The yearly surplus shall be drawn thirty percent (30%) to improve inmates' living facilities in accordance with budget process and other seventy percent (70%) drawn as industrial foundation.
The sum of indemnity for victims of crime prescribed in Paragraph 1 shall be deposited in specific account. The living facilities bought to improve the life of the persons executed as referred to in the preceding paragraph shall be exempted from depreciation. |
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| Article 58 | The person under imprisonment shall be rewarded in one of the following situations:
1. With outstanding working performance;
2. Well-behaved and is good enough to be the model of other persons executed;
3. Reporting other persons executed who scheme to escape or act violently; or
4. Other situations sufficient to be rewarded. |
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| Article 59 | The ways of rewarding shall include the following:
1. Reward in public:
2. Issuing a certificate of merit or a medal; or
3. Other appropriate means. |
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| Article 60 | Where the person under imprisonment has bad behaviors or violates the discipline, the chief of the rehabilitative disposition place may impose one or multiple punishments as follows:
1. Reprimand in person;
2. Stopping outdoor activities from one (1) day to five (5) days;
3. Deducting the credits;
4. Stopping being visited from one (1) to three (3) times;
5. Stopping sending or receiving letters from one (1) to three (3) times; and/or
6. Increasing working hours for two (2) hours per day, limited to from one (1) to five (5) days only.
The opinions of the medical personnel shall be inquired prior to the enforcement of the punishments prescribe in Subparagraphs 2 and 6 of the preceding paragraph. |
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| Article 61 | A chance shall be given to the person under imprisonment to explain himself/herself prior to the enforcement of the punishments prescribed in the preceding article. When deemed reasonable, the punishments may be exempted. |
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| Article 62 | When the person under imprisonment suffers from injury or illness and dies afterwards due to the job operation, a pension shall be granted under taking into account of the situation. |
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| Article 63 | When the person under imprisonment is deceased, his/her labor wages or pension shall be collected by his/her closest relatives, family members, or other entitled persons.
The collection prescribed in the preceding paragraph shall be completed within six (6) months after the chief of the compulsory work place delivers the notification. |
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| Chapter 6 Probation |
| Article 64 | Probation, upon the situation, shall be executed by the police agency, autonomy organization, charity organization, the closed relatives or family members of the person under imprisonment, or other appropriate persons that are located in or outside of the place where the person under imprisonment is.
The ministry of Justice may establish a probation officer at the prosecutors office at the district court to take charge of the probation affairs ordered to execute by the prosecutors. |
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| Article 65 | With regard to the probation officer, the prosecutor shall be responsible for inspection and supervision at anytime. When deemed necessary, a warning may be given or another person may be additionally appointed to execute the probation. |
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| Article 65-1 | The prosecutor shall inform the person subject to probation to abide by and designate a date for him/her to report to the person that enforce the probation.
When the prosecutor orders the action referred to in the preceding paragraph, he/she shall provide the written judgment, life investigation, and other documents related to the person subject to the probation to the probation officer. The probation officer shall immediately report to the prosecutor upon the arrival of the person subject to the probation. When the person subject to probation fails to report on the designated date, the prosecutor shall also be informed. |
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| Article 66 | The probation officer may order the person subject to the probation to comply with certain affairs. When failing to comply, the probation officer may issue a warning or apply to the prosecutor who orders the execution for proper handling. When deemed necessary, the freedom of the person subject to the probation may be restricted. |
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| Article 67 | If the probationer moves to other places or has other reasons not to execute the duty, he/she shall report to the prosecutor to additionally appoint an officer in advance. |
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| Article 68 | The probation officer shall report the execution situations regarding the person subject to the probation to the prosecutor monthly.
If any subparagraph prescribed under Article 74-2 hereof is violated, the probation officer shall state the facts and report to the prosecutor immediately.
With the person subject to the probation who is currently under the parole, if the prosecutor deems that he/she violates any subparagraph of Article 74-2 hereof, he/she shall immediately inform the warden of the served prison. |
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| Article 69 | When the person subject to the probation escapes, dies, or commits other crimes, the probation officer shall immediately report to the prosecutor. With regard to those who are currently under the parole, the prosecutor shall immediately inform the warden of the served prison.
Where the person subject to the probation is called for military service, the preceding paragraph shall apply mutatis mutandis. |
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| Article 69-1 | When the residence or domicile of the person subject to the probation changes, he/she shall report to the prosecutor for approval through the probation officer. The prosecutor shall submit the conditions and documents of the execution by letter to the prosecutor of the competent court in the location where the person under imprisonment is moving in and request him/her to additionally appoint a new probation officer to continue the unfinished period of probation. |
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| Article 70 | Where reformatory education is replaced with probation the aptitude, personality, and living habits of the person subject to the probation shall be aware of. |
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| 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. |
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| Article 72 | Where the disposition of abstention is replaced with probation, the abstention and treatment of the person subject to the probation shall be urged and supervised at any time. When necessary, the police agencies may be request for assistance. |
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| Article 73 | Where the disposition of compulsory work is replaced with probation, the person subject to the probation shall be advised and guided through appropriate work and shall be inspected. |
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| Article 74 | With regard to those that are subject to the probation during the probation or parole, his/her daily actions and people he/she is in contact with shall be aware of. |
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| Article 74-1 | With regard to those foreigners who are subject to probation may be deported instead.
Chapter 8 hereof shall apply mutatis mutandis with regard to the deportation referred to in the preceding paragraph. |
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| Article 74-2 | The person subject to the probation shall comply with the following affairs during the period of probation
1. Marinating good behaviors and staying out of contact with those with bad behaviors;
2. Complying with the orders given by the prosecutor and the probation officer;
3. Shall not offend the victim, complainant, or informer;
4. Reporting his/her physical health, living conditions, and working environment to the probation officer at least once a month; and
5. Unless approved by the probation officer, he/she shall not leave the location of probation. An approval of the prosecutor shall be acquired if leaving more than ten (10) days. |
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| Article 74-3 | When the person subject to the probation seriously violates any of the subparagraphs of the preceding article, the prosecutor may apply for the revocation of the declaration regarding the probation or probation.
With regard to those that are under the parole, if the situation prescribed in the preceding paragraph occurs, the warden may apply for the revocation of the parole. |
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| Article 75 | With those whose execution of probation has been over one (1) year, if the prosecutor deems that it is unnecessary to carry on the execution after deliberating the monthly reports and inquiring the opinion of the probation officer, the prosecutor shall apply to the court for ruling to exempt the execution. |
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| Article 76 | With those whose execution of probation has passed nine-tens (9/10), if the prosecutor deems that it is necessary to carry on the execution after deliberating the monthly reports and inquiring the opinion of the probation officer, the prosecutor shall apply to the court for ruling to extend the execution. |
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| Article 77 | The probation officer may report to the prosecutor to make the applications prescribed in the preceding two articles. |
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| Article 77-1 | The probation officer shall report to the prosecutor upon the expiry of the probation.
With regard to those that are under the parole, the prosecutor shall also inform the warden of the served prison. |
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| Chapter 7 Compulsory Treatment |
| Article 78 | The compulsory treatment place shall be a public or private medication institutions. |
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| Article 79 | The places where the disposition of compulsory treatment is executed shall provide fully treatment and aware of the physical health of the person under imprisonment. |
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| Article 80 | The compulsory treatment places shall isolate those that suffer from serious venereal disease and monitor their movements. |
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| Article 81 | When the illness is cured, the compulsory treatment places shall inform the prosecutor who orders the execution. |
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| Chapter 8 Deportation |
| Article 82 | The foreigner who is subject to the disposition of deportation shall be delivered to the judiciary police agency by the prosecutor for execution. |
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| Article 83 | With regard to the foreigner subject to the disposition of deportation, the prosecutor shall, one (1) month prior to the completion of the punishment or after the pardon, inform the judiciary police agency in advance. |
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| Article 84 | The prosecutor shall submit the detailed process of the disposition of deportation to the Ministry of Foreign Affairs. When deemed necessary, the Ministry of Foreign Affairs shall inform the embassy of Republic of China located in the country of the person under imprisonment in Republic of China. |
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| Article 85 | Where the foreigner subject to the disposition of deportation leaves for his/her own country with his/her passport or with the entry permit of other regions, any public or private boats, vehicles, and aircrafts shall not refuse his/her travel if they have stations established in the said destination.
If the boat, vehicle, and aircraft stations referred to in the preceding paragraph refuse the travel of the deported foreigner, the local judiciary police agencies may impose punishments in accordance with article 54, Subparagraph 11 of the Police Punishment Act. |
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| Article 86 | With regard to the deported foreigner, after the punishment is complete or after the pardon, if there is no relevant boat, vehicle, or aircraft available at once and he/she has difficulty living, food and lodging shall still be provided during his/her staying.
Within the period of staying referred to in the preceding paragraph, the police agencies shall be responsible for monitoring the deported foreigner's movements. Except for significant reasons, the police shall not restrain the deported foreigner's body. |
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| Article 87 | The travel expenses required shall be borne by the foreigner subject to the disposition of deportation. If he/she is utterly destitute, the execution agency shall additionally apply for special fund to handle. |
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| Chapter 9 Supplementary Provisions |
| Article 88 | The organization of the rehabilitative disposition places shall be additionally prescribed with law.
The special technicians at the rehabilitative disposition places shall be appointed. |
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| Article 89 | The enforcement date and region of the Act shall be prescribed by the Executive Yuan with an order.
The provisions of this Act amended on May 31, 2021 shall be enforced from the date of promulgation. |
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