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英譯法規最新訊息內容

法規名稱(Title) Statute of Open PrisonsCh
公發布日(Date) 2020.06.10
法規沿革(Legislative) 1.Announced on June 5,1962
2.Amended on June 27,1974
3.Amended on May 26,1978
4.Amended on December 1,1980
5.Amended on January 31,1994
6.Amended on April 23,1997
7.Amended on June 18,2014
8.Amended on June 10,2020
法規內文(Content)




































Article 2
Open Prisons shall be established by the Ministry of Justice.
Article 3
A open prison shall have one warden, who shall be in charge of supervision and oversee the whole affairs of the prison. When deemed necessary, a deputy warden may be established to assist the warden in handling the whole affairs of the prison.
Article 4
The Agency of Corrections, Ministry of Justice shall select those prisoners that meet the following requirements from all prisons as the prisoners for the open prison:
1.An inmate who has served more than two (2) months;
2.An inmate whose sentence is not more than seven (7) years ,or whose sentence is over seven (7) years but less than fifteen (15) years, if upward three grade under the Progressive Treatment System; or whose sentence is not less than fifteen (15) years but upward two grade under the Progressive Treatment System. A lifer who upward first grade under the Progressive Treatment System.
3.One with evidence of repentance and physically and mentally healthy for outside labor operations.
Prisoners fall under the following conditions may not be selected:
1.An inmate who has committed the crimes prescribed in Article 161 of the Criminal Code.
2.An inmate who has committed the crimes prescribed in Narcotics Hazard Prevention Act.
3.A recidivist.However, all the previous case has been punished by imprisonment of not up to six months, unsealed.
4.An inmate whose parole is revoked due to committing a crime.
5.An inmate who has the rehabilitative disposition to be executed.
6.An inmate who has committed the crimes prescribed in Article 2, Paragraph 1 of Sexual Assault Crime Prevention Act or domestic violence offense referred to in Article 2, Subparagraph 2 of Domestic Violence Prevention Act.
The work-flow, procedures, conditions, examination guidelines, and other binding matters for notification shall be prescribed by the Ministry of Justice
Article 5
Upon emergent requirements of the country, the Ministry of Justice may appoint inmates of fixed-term imprisonment to open prisons and shall not be subject to Paragraphs 1 and 2 of the preceding article.
Article 6
The process of open prisons shall be in cooperation with the development plans of agriculture, infrastructure, and economy.
Article 10
Where the inmates work in an area far from the open prison, a temporary lodging may be established.
Article 11
When necessary, the affairs regarding the administration and guard of the open prisons may be assisted by the local army and police.
Article 14
With regard to those inmates who are selected to serve at a open prison, Article 28-1 of the Progressive Treatment of Punishment Act shall still apply to handle the mitigation of the terms of imprisonment during the current month when they arrive the open prison. From the next month after the arrival, the terms of imprisonment shall be mitigated pursuant to the following provision for each month of the service:
1. Four (4) days of the term of imprisonment shall be mitigated every month with regard to the fourth grade or non-graded inmates.
2. Eight (8) days of the term of imprisonment shall be mitigated every month with regard to the third grade inmates.
3. Twelve (12) days of the term of imprisonment shall be mitigated every month with regard to the second grade inmates.
4. Sixteen (16) days of the term of imprisonment shall be mitigated every month with regard to the first grade inmates.
The inmate shall be informed of the mitigated term of imprisonment referred to in the preceding paragraph after the mitigation is decided under the resolution of a prison committee's meeting. The said mitigation shall also be reported to the Agency of Corrections, Ministry of Justice for review.
After an inmate completes his mitigated sentence and before released, the warden shall inform the prosecutor in charge of the commitment order about the actual date of sentence completion by letter.
Article 15
If an inmate has inferior working performance, is incompliant with the discipline, or is degraded, and remains in the open prison, the sentence shall not be mitigated for the current month based on the seriousness of the condition. With regard to those who are transferred to another prison, the mitigated terms of imprisonment shall be entirely recovered.
The inmate shall be informed of the punishment referred to in the preceding paragraph after the punishment is decided under the resolution of a prison committee's meeting. The said punishment shall also be reported to the Ministry of Justice for review.
Article 23
The operation income from the open prisons 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 forty percent (40%) as extra food expenses of the inmates, ten percent (10%) as rewarding expenses for inmates and ten percent (10%) 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. Regulations governing the reward shall be prescribed by the Ministry of Justice.
After The Crime Victims Indemnity Act becomes effective upon promulgation, sum of indemnity for victims of crime prescribed in Paragraph 1 shall be deposited in a specific account. The living facilities bought to improve the inmates' life as referred to in Paragraph 2 shall be exempted from depreciation.
Article 24
The contracting operations of the open prisons shall be deemed as prison operation factories and shall be exempted from business taxes.